Silk Container Lines, Ltd. v. Dbebz Apparel LLC

Filing 18

MEMO ENDORSED ORDER denying without prejudice 17 Motion for Default Judgment. ENDORSEMENT: The motion is denied without prejudice. Silk Container is again directed to follow the default judgment procedure that is set out in Attachment A of the un dersigned's Individual Practices (which requires a party seeking default judgment to submit a proposed order to show cause and attach certain supporting papers). The Clerk of Court is respectfully directed to terminate the motion, Doc. 17. SO ORDERED. (Signed by Judge Edgardo Ramos on 8/29/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SILK CONTAINER LINES, Ltd.

:

1:23-cv-07170

:
Plaintiff,

:
:

Against

:
:

DBEBZ APPAREL LLC,

:

Defendant.

:

AFFIRMATION IN SUPPORT OF
MOTION FOR A DEFAULT
JUDGMENT

Terry L, Stoltz, hereby affirms and declares the following:
1.

I am an attorney at law, duly admitted to practice before this Court, and I am

associated with the firm of Nicoletti Hornig & Sweeney, attorneys for Plaintiff Silk Container
Lines, Ltd. in this action and I am fully familiar with the factual circumstances and prior pleadings
herein by reason of my participation in the proceedings and the file maintained in our office.
2.

This affirmation in made in support of the motion of Plaintiff, pursuant to Rule

55(b)(2) of the Federal Rule of Civil Procedure, to entry of a default judgment against Defendant
Dbebz Apparel LLC.
JURISDICTION AND PROCEDURAL HISTORY
3.

This Court has jurisdiction over the subject matter of this action under 28 U.S.C.

Sect. 1333 and as it is an admiralty and maritime claim under Rule 9(h) of the Federal Rules of
Civil Procedure. A copy of the Complaint is annexed as Exh. 1.
4.

This Court has personal jurisdiction over the defaulting Defendant Dbebz Apparel

LLC because the action arises out of a carriage of cargo through the Port of New York.

5.

Plaintiff commenced this action by filing a Complaint against Defendant Dbebz

Apparel LLC for failure to pay the freight due for the carriage.
6.

The Clerk of the Court issued a Summons for Defendant Dbebz Apparel LLC on

August 16, 2023. Service was effected on Defendant Dbebz Apparel LLC on November 16, 2023
by serving its registered agent David Bebon.
7.

Defendant Dbebz Apparel LLC has not appeared, answered or otherwise moved

with respect to the Complaint and has not been granted any extension of time to respond to the
Compliant. The time for appearing, answering or moving with respect to the Complaint has
expired.
8.

Defendant Dbebz Apparel LLC is not an infant or incompetent. Defendant Dbebz

is not presently in the military service of the United States.
9.

On May 15, 2024, the Clerk of the Court entered a Certificate of Default against

Defendant Debebz Apparel LlC. A copy is attached as Exhibit 2.
IN SUPPORT OF THE DEFAULT JUDGMENT
10.

For the reasons set forth in the Complaint and in the accompanying Affirmation of

Sorowar Alam, Plaintiff has sustained damages as a result of Defendant Dbebz Apparel LLC’s
failure to pay the ocean freight due for the carriage.
11.

No payment on account of the ocean freight has been paid, though duly demanded.

12.

Pre-judgment simple interest a 9% per year (N.Y.C.P.L.R. Sect. 5004) on the sum

of $84,810.00 accrues at $20.91 per day since May 5, 2022 (the date the freight was to be paid).

WHEREFORE, Plaintiff Silk Container Lines, Ltd. prays entry of a judgment be entered
against Defendant Dbebz Apparel LLC in the amount of $84, 810.00 pus pre-judgment interest in