Philip Morris USA Inc. v. Veles LTD

Full title: PHILIP MORRIS USA INC., Plaintiff, v. VELES LTD., AFOLINA INC., XENON…

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

Date published: Apr 20, 2009

06-cv-2988(GBD) (S.D.N.Y. Apr. 20, 2009)

Opinion

06-cv-2988(GBD).

April 20, 2009

ORDER

GEORGE DANIELS, District Judge

Plaintiff Philip Morris USA, Inc. seeks an order striking the answer filed on behalf of defendants Discount-cigarettes.com and Nationwideshoppingcart.com and entering a default judgment against those defendants for their failure to comply with the order issued by Magistrate Judge Theodore H. Katz on July 30, 2008. Plaintiff also asks this Court to enter a permanent injunction against Discount-cigarettes.com, Nationwideshoppingcart.com, and certain individuals plaintiff believes to be affiliated with those corporations.

In his order, Magistrate Judge Katz advised defendants that if counsel failed to appear on their behalf by August 4, 2008, "a default will be entered" against them. See Order, Docket No. 85. No attorney filed a notice of appearance on defendants' behalf, and the deadline to do so has long since expired. Accordingly, plaintiff's request that an order of default be entered against defendants Discount-cigarettes.com and Nationwideshoppingcart.com is GRANTED.

Plaintiff's motion that this Court strike the answer filed on behalf of Discount-cigarettes.com and Nationwideshoppingcart.com is denied as moot.

SO ORDERED: