FF Supply, LLC v. BF International Co., Ltd.
| 1:2019cv03557 |
| April 22, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 ac Diversity-Account Receivable |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
48
ORDER: This court requested a status letter report of the above-captioned case on February 4, 2022. No letter having been sent in response to the court's order at docket #45 and docket #47 on January 17, 2023, this case is hereby DISMISSED for failure to prosecute. (Signed by Judge Colleen McMahon on 1/23/2023) BY ECF TO ALL COUNSEL (kv)
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Filing
47
ORDER: The Court is conducting a review of its docket and making inquiry into cases where there has been no recent activity. The present case appears to fall into that category. Accordingly, the parties are directed to file a letter within Seven (7 ) Days (either jointly or separately) reporting on the status of the current litigation. Failure to respond will result in the dismissal of the above-captioned case for failure to prosecute. If the case settled please submit stipulation of dismissal. SO ORDERED. (Signed by Judge Colleen McMahon on 1/17/2023) BY ECF TO ALL PARTIES (kv)
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Filing
45
ORDER: The Court is conducting a review of its docket and making inquiry into cases where there has been no recent activity. The present case appears to fall into that category. Accordingly, the parties are directed to file a letter within Seven (7 ) Days (either jointly or separately) reporting on the status of the current litigation. Failure to respond will result in the dismissal of the above-captioned case for failure to prosecute. SO ORDERED. (Signed by Judge Colleen McMahon on 2/4/2022) (kv)
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Filing
44
MEMO ENDORSEMENT granting 43 AMENDED MOTION for Default Judgment as to Defendant BF International Co., Ltd. ENDORSEMENT: The motion for a default judgment is GRANTED. Plaintiff to supply the Court with an Order. (Signed by Judge Colleen McMahon on 10/13/2021) (jca)
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Filing
32
DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT denying without prejudice 30 Motion for Default Judgment. The court is open to a motion to serve the defendant with a copy of the notice of motion for a default judgment by a lternative means. However, I need to know, per Federal Rule of Civil Procedure 4(f)(3), whether service by email is available and likely to be received by the South Korean defendant. See, e.g., Zhang v. Baidu.com, Inc., 932 F. Supp. 2d 561, 568 (S.D. N.Y. 2013). I must also be assured, as required by Supreme Court precedent, that South Korea does not object to service via email, and that such service is permissible under South Korean law. See Water Splash, Inc. v. Menon, 137 S.Ct. 1504, 1512, 197 L.Ed.2d 826 (2017). Plaintiff's request for permission to effectuate alternative service does not address those issues. Therefore, the motion for default is premature, and the request for service by email lacks sufficient support to be granted. Plaintiff's request for a default judgment is DENIED without prejudice. SO ORDERED. (Signed by Judge Colleen McMahon on 8/24/2020) (mml)
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Filing
20
ORDER denying without prejudice 17 Letter Motion for Discovery. It is hereby ORDERED, as stated at the conference, that: 1. If Mikhail Ratner, Esq. ("Ratner"), as counsel of record for defendant BF International Co., Ltd. ("Defenda nt"), wishes to move to withdraw from representing Defendant in this case, then, no later than December 30, 2019, Ratner shall file a motion for leave to withdraw, as required by Local Civil Rule 1.4 of this Court, and shall serve that motion pr omptly on Defendant (by fax or email) and file proof of such service.1 All discovery shall be stayed until December 30, 2019, and, if a motion to withdraw is filed by that date, then discovery shall remain stayed pending resolution of the motion. 2. If Ratner proceeds to file a motion to withdraw, and Defendant wishes to be heard with respect to theat motion, then, no later than January 6, 2020, Defendant should submit a response to the motion to this Court, with a copy to Ratner. This respon se may be sent by overnight mail or by fax directly to my Chambers at the following address or fax number: Hon. Debra Freeman, U.S. Magistrate Judge, United States Courthouse, 500 Pearl Street, Room 1660, New York, New York 10007, Fax: 1-212-805-4658 . Defendant's response may be submitted ex parte; in other words, it need not be served on counsel for Plaintiff. This Court, in its discretion, will determine whether any response it receives should be filed publicly or if it contains sensitive information that warrants its being placed under seal. (as further set forth herein). In light of the rulings herein, the motion for discovery filed by plaintiff FF Supply, LLC, on December 5, 2019 (Dkt. 17) is denied without prejudice, and the Clerk of Court is directed to close that motion on the Docket of this action. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 12/20/2019) Copies to All counsel (via ECF). (kv)
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Filing
15
ORDER terminating 14 Letter Motion for Discovery. Refer to MJ for GPT. This court orders an immediate freeze on the destruction or disposition of all business records and other documentary or computerized evidence relating to this dispute or to defendant's status as a going concern. (Signed by Judge Colleen McMahon on 11/27/2019) (mml)
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