Star Asia International, Inc. et al v. Old Dominion Footwear, Inc. et al
| Star Asia International, Inc. and Star Asia Customs, Trade & Security, Inc. |
| Old Dominion Footwear, Inc., Malcolm K Sydnor and Barry L Guthrie |
| 1:2018cv04741 |
| May 30, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jesse M. Furman |
| Marine |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
36
MEMORANDUM OPINION AND ORDER re: 27 MOTION to Vacate Default Judgment Pursuant to F.R.C.P. 60(b) filed by Malcolm K Sydnor. For the foregoing reasons, the Court concludes that Sydnor's default was willful. In light of t hat, and mindful of the importance of the willfulness factor to the vacatur analysis, the Court need not even examine the other factors in the analysis of whether to vacate entry of the default judgment. Instead, exercising its discretion, the Court declines to vacate the default judgment. See, e.g., Brien, 71 F.3d at 1078 ("[C]ourts should not set aside a default when it is found to be willful.")(citation omitted); Gesualdi v. Reid, No. 14-CV-4212 (ADS), 2017 W L 752157, at *10 (E.D.N.Y. Feb. 27, 2017) (denying a motion to vacate a default judgment based on a finding that the default was willful, without consideration of the meritorious defense and prejudice factors); SEC v. Breed, No. 01-CV-7798 (CSH ), 2004 WL 1824358, at *12 (S.D.N.Y. Aug. 13, 2004) ("Among the three criteria courts use to determine whether to vacate a default judgment under Rule 60(b)(1), willfulness is preeminent, and a willful default will not normally be set aside." (citations omitted)). Sydnor's motion is therefore DENIED. The Clerk of Court is directed to terminate Docket No. 27. (Signed by Judge Jesse M. Furman on 6/5/2019) (mro)
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