Off-White LLC v. Abbyfashion Store et al

Filing 52

ORDER: On January 31, 2022, Plaintiff moved by order to show cause for default judgment against Defendants. ECF No. 48. In support, Plaintiff submitted an affidavit by its counsel, Danielle (Yamali) Futterman, with accompanying exhibits, a memor andum of law, and a proposed default judgment. ECF Nos. 49-51. However, Plaintiff did not file "[a]n affidavit or declaration signed by a party with personal knowledge (i.e., not the attorney in the action except in limited circumstances), w hich sets forth a statement of proposed damages and the basis for each element of damages, including a step-by-step explanation of each calculation" as required by Attachment A to the Court's Individual Practices in Civil Cases. Accordingly, by May 6, 2022, Plaintiff shall file such an affidavit or declaration. SO ORDERED. (Signed by Judge Analisa Torres on 4/28/2022) (vfr)

Case 1:21-cv-01785-AT Document 52 Filed 04/28/22 Page 1 of 2

Case 1:21-cv-01785-AT Document 52 Filed 04/28/22 Page 2 of 2

SHOP911115068 STORE, SHOP911167001 STORE,
SHOP911188155 STORE, SHOP911192222 STORE,
SHOP911195003 STORE, SHOP911234034 STORE,
SHOP911258359 STORE, SHOP911259388 STORE,
SHOP911264193 STORE, SHOP911267085 STORE,
SHOP911300207 STORE, SHOP911342022 STORE,
SHOP911375214 STORE, SHOP911422093 STORE,
SHOP911425145 STORE, TAOTAOKU STORE,
TOLLER BAG STORE, WOZIK STORE, XT02
STORE, YANG R STORE, YIWU CUDA IMPORT
AND EXPORT CO., LTD., YIWU MAY STAR
INTERNATIONAL TRADING CO., LTD., YIWU
MIANYU E-COMMERCE FIRM, YIWU WU TAI
BELT CO., LTD., YIWU YINGYU IMPORT &
EXPORT CO., LTD., YUNFOOK OFFICIAL,
YUYAO NICO ELECTRONICS FACTORY AND
ZHENGZHOU YMEI PET PRODUCTS CO., LTD.,
Defendants.
ANALISA TORRES, District Judge:
On January 31, 2022, Plaintiff moved by order to show cause for default judgment against
Defendants. ECF No. 48. In support, Plaintiff submitted an affidavit by its counsel, Danielle
(Yamali) Futterman, with accompanying exhibits, a memorandum of law, and a proposed default
judgment. ECF Nos. 49–51. However, Plaintiff did not file “[a]n affidavit or declaration signed
by a party with personal knowledge (i.e., not the attorney in the action except in limited
circumstances), which sets forth a statement of proposed damages and the basis for each element
of damages, including a step-by-step explanation of each calculation” as required by Attachment
A to the Court’s Individual Practices in Civil Cases. Accordingly, by May 6, 2022, Plaintiff shall
file such an affidavit or declaration.
SO ORDERED.
Dated: April 28, 2022
New York, New York

2