Fosun Pharma USA Inc. v. Todos Medical USA, Inc. et al

Filing 61

ORDER: If Plaintiff seeks a default judgment against Corona Diagnostics LLC on the breach of contract claim, Plaintiff should file supplemental briefing addressing the issue of how the Court could find Corona Diagnostics LLC in default for this cl aim given that Corona Diagnostics LLC does not appear to be a party to the contract. Plaintiff should file this supplemental briefing, if any, by no later than June 6, 2024 at 12:00 p.m. ET. In addition, while the original complaint attached Exhibit A, the contract, see Dkt. No. 1-1, the amended complaint was not filed with the contract attached, see Dkt. No. 27. Plaintiff is directed to refile the contract accordingly. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/3/2024) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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FOSUN PHARMA USA INC.,
:
:
Plaintiff,
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-against:
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TODOS MEDICAL USA, INC., and CORONA
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DIAGNOSTICS LLC,
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Defendants.
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:
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 6/3/2024

1:24-cv-115-GHW
ORDER

GREGORY H. WOODS, District Judge:
Plaintiff moved for default judgment on its breach of contract claims against two
defendants, Todos Medical USA, Inc. and Corona Diagnostics LLC. See Dkt. No. 56. The contract
that Defendants allegedly breached is between Plaintiff and Todos Medical USA, Inc. See Dkt. No.
27 ¶ 13 (“Fosun Pharma entered into a distribution agreement with Defendant Todos Medical.”); see
also Ex. A. Corona Diagnostics LLC does not appear to be a party to the contract.
If Plaintiff seeks a default judgment against Corona Diagnostics LLC on the breach of
contract claim, Plaintiff should file supplemental briefing addressing the issue of how the Court
could find Corona Diagnostics LLC in default for this claim given that Corona Diagnostics LLC
does not appear to be a party to the contract. Plaintiff should file this supplemental briefing, if any,
by no later than June 6, 2024 at 12:00 p.m. ET.
In addition, while the original complaint attached Exhibit A, the contract, see Dkt. No. 1-1,
the amended complaint was not filed with the contract attached, see Dkt. No. 27. Plaintiff is directed

to refile the contract accordingly.
SO ORDERED.
Dated: June 3, 2024

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GREG
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GO
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RY H. WOODS
GREGORY
Judg
United States District Judge

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