OFF-WHITE LLC v. ANOGAR-32 et al.

Filing 52

ORDER: It is hereby ORDERED, that the plaintiff may make a motion for a default judgment in each of the above-captioned actions; and it is further ORDERED, that the plaintiff's motion in each action must be accompanied by e vidence, in admissible form, of such facts as it would have proffered to meet its burden of proof on its direct case on the relevant counts had a trial been held in this action; and it is further ORDERED, that such motions for default judgment m ust be served on the defendants and must be accompanied by copies of the Clerk's Certificate and of proof of service of the summons and complaint and the motion for default judgment as provided by the undersigned's Individual Practices Rules; and it is further ORDERED, that said motions must be filed by March 31, 2021, and shall be briefed in accordance with the schedule set forth in Local Civil Rule 6.1 and will be taken on submission unless otherwise directed by the Court; an d it is further ORDERED, that plaintiff must serve a copy of this Order on defendants and file proof of such service within fourteen (14) days from the date hereof. ( Motions due by 3/31/2021.) (Signed by Judge Laura Taylor Swain on 3/5/2021) (va)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------x OFF-WHITE LLC, Plaintiff, -v- No. 20-CV-7892 LTS ANOGAR-32, et al., Defendants. -------------------------------------------------------x OFF-WHITE LLC, Plaintiff, -v- No. 20-CV-7894 LTS BEIJING YINYU TRADING CO., LTD, et al., Defendants. -------------------------------------------------------x ORDER These matters having been commenced by the filing of complaints on September 24, 2020, and the defendants in each case having failed to interpose a timely answer to the complaint or otherwise move in this proceeding, and the plaintiff having sought permission to move for a default judgment, it is hereby ORDERED, that the plaintiff may make a motion for a default judgment in each of the above-captioned actions; and it is further ORDERED, that the plaintiff’s motion in each action must be accompanied by evidence, in admissible form, of such facts as it would have proffered to meet its burden of proof on its direct case on the relevant counts had a trial been held in this action; and it is further ORDERED, that such motions for default judgment must be served on the defendants and must be accompanied by copies of the Clerk’s Certificate and of proof of service OFF-WHITE - DEFPROVE.DOCX VERSION MARCH 5, 2021 1 of the summons and complaint and the motion for default judgment as provided by the undersigned’s Individual Practices Rules; and it is further ORDERED, that said motions must be filed by March 31, 2021, and shall be briefed in accordance with the schedule set forth in Local Civil Rule 6.1 and will be taken on submission unless otherwise directed by the Court; and it is further ORDERED, that plaintiff must serve a copy of this Order on defendants and file proof of such service within fourteen (14) days from the date hereof. Dated: New York, New York March 5, 2021 /s/ Laura Taylor Swain LAURA TAYLOR SWAIN United States District Judge OFF-WHITE - DEFPROVE.DOCX VERSION MARCH 5, 2021 2

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