Brand et al v. TQTO Corp. et al

Filing 10

ORDER, Corporate Defendant, TQTO Corp., appears to be in default. The deadline for Individual Defendant, Joseph Bedwell, to respond to the Complaint is June 7, 2024. If Mr. Bedwell fails to respond to the Complaint by that deadline, Plaintiff s hall file any motion for default judgment, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), by June 21, 2024. If Mr. Bedwell responds to the Complaint b y the June 7, 2024 deadline, the Court will issue further guidance. Additionally, in light of the foregoing, the initial pretrial conference scheduled for June 13, 2024 is ADJOURNED sine die. Plaintiff shall serve a copy of this Order electronically and/or by first-class mail on Defendants within two business days from the date of this Order and shall file proof of such service within three business days of the date of this Order.SO ORDERED. ( Motions due by 6/21/2024.) (Signed by Judge Jesse M. Furman on 6/3/24) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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DANIEL BRAND et al.,
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Plaintiffs,
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-v:
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TQTO CORP. et al.,
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Defendants.
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24-CV-1759 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
Corporate Defendant, TQTO Corp., appears to be in default. The deadline for Individual
Defendant, Joseph Bedwell, to respond to the Complaint is June 7, 2024. If Mr. Bedwell fails to
respond to the Complaint by that deadline, Plaintiff shall file any motion for default
judgment, in accordance with the Court’s Individual Rules and Practices for Civil Cases
(available at https://nysd.uscourts.gov/hon-jesse-m-furman), by June 21, 2024. Plaintiff should
familiarize itself with Local Civil Rules 55.1 and 55.2, which, along with Rule 55 of the Federal
Rules of Civil Procedure and Rule 4(J) of the Court’s Individual Rules, govern default judgment
motion practice before this Court. Per Local Civil Rule 55.2, a party seeking default judgment
must append to the motion a Clerk’s Certificate of Default, which may be obtained by following
the procedure described in Local Civil Rule 55.1. To be clear: Plaintiff must file its motion for
default judgment, not merely its request for a Clerk’s Certificate of Default, by the above
deadline.
If Plaintiff’s counsel submits calculations in support of any motion for default judgment,
Plaintiff’s counsel shall also email native versions of the files with the calculations (i.e., versions
of the files in their original format, such as in “.xlsx”) to Chambers at Furman_
[e-mail]. If or when a motion for default judgment is filed, the
Court will enter a further Order setting a deadline for any opposition and reply and scheduling a
show cause hearing. If no motion for default judgment is filed by the deadline set forth above,
the case may be dismissed for failure to prosecute without further notice to the parties.
If Mr. Bedwell responds to the Complaint by the June 7, 2024 deadline, the Court will
issue further guidance. Additionally, in light of the foregoing, the initial pretrial conference
scheduled for June 13, 2024 is ADJOURNED sine die.
Plaintiff shall serve a copy of this Order electronically and/or by first-class mail on
Defendants within two business days from the date of this Order and shall file proof of such

service within three business days of the date of this Order.
SO ORDERED.
Dated: June 3, 2024
New York, New York

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JESSE M. FURMAN
United States District Judge

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