Daka Research Inc. v. Shenzhen Bali Elec. Tech. Co.

Full title: DAKA RESEARCH INC., Plaintiff, v. SHENZHEN BALI ELECTRONIC TECHNOLOGY CO.…

Court: United States District Court, S.D. New York

Date published: Oct 31, 2022

22-CV-3150 (VEC) (S.D.N.Y. Oct. 31, 2022)

Opinion

22-CV-3150 (VEC)

10-31-2022

DAKA RESEARCH INC., Plaintiff, v. SHENZHEN BALI ELECTRONIC TECHNOLOGY CO., LTD. STOREFRONT, AND BAD87HS STOREFRONT, Defendants.

VALERIE CAPRONI, United States District Judge.

ORDER

VALERIE CAPRONI, United States District Judge.

WHEREAS on September 8, 2022, counsel for Shenzhen Bali Electronic Technology Co., Ltd. Storefront, and bad87hs Storefront (“Defendants”), Adam Urbanczyk, Esq., was allowed to withdraw from this case, see Dkt. 40;

WHEREAS Defendants were ordered to obtain new counsel and have an appearance filed on the record by no later than October 7, 2022, id.;

WHEREAS the Court further ordered that if no counsel appeared for Defendants by October 7, 2022, the Court would enter an Order to Show Cause why a default judgment should not be entered against Defendants because entities cannot appear in federal court pro se, id. (citing Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007) (all artificial entities, including corporations and partnerships, may only appear in federal court through a licensed attorney));

WHEREAS on September 9, 2022, Plaintiff served the Court's order on Defendants, Dkt. 41;

WHEREAS Defendants failed to meet the Court's deadline;

WHEREAS on October 13, 2022, the Court ordered Defendants to show cause, not later than October 28, 2022, why a default judgment should not be entered against them because entities cannot appear in federal court pro se, Dkt. 42;

WHEREAS on October 14, 2022, Plaintiff served the Court's order on Defendants, Dkt. 43; and

WHEREAS no attorney has appeared to represent Defendants and Defendants did not request an extension or otherwise show cause why a default judgment should not be entered against them;

IT IS HEREBY ORDERED that not later than Monday, November 7, 2022, Plaintiff must apply for a certificate of default against Defendants. Within fourteen days of receiving such a certificate, Plaintiff must apply for a default judgment against Defendants, consistent with the procedures described in Attachment A to the undersigned's Individual Practices in Civil Cases.

SO ORDERED.