Johnson v. ServedFresh, LLC
| Eric Johnson |
| ServedFresh, LLC |
| 1:2022cv09687 |
| November 14, 2022 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Copyright |
| 17 U.S.C. ยง 501 Copyright Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 LETTER: addressed to Counsel from Naomi Reice Buchwald, United States District Judge dated 12/22/2022 re: In reviewing your request for a Certificate of Default, I examined the Affidavit of Service, which stated that service was made on the New York Secretary of State. I also examined the New York Secretary of State Corporation and Business Entity Database, from which I learned that ServedFresh, LLC was not current with the New York Secretary of State. I have also reviewed ServedFresh, LLC's website, refreshedcollection.com, which lists the address as 990 Peachtree Industrial Blvd, Suwanee, GA 30024. Finally, your request for Certificate of Default indicates that it was sent to ServedFresh, LLC at 2253 Grand Avenue, Baldwin NY 11510. The purpose of service is to provide the defendant with adequate notice of a suit against it. Given these facts, there is good reason to believe that ServedFresh, LLC never actually received the complaint. Accordingly, this is to advise you of the Court's reluctance to enter a default judgment in the absence of proof that defendant has received actual notice of the complaint and failed to respond..(ama) |
| Filing 11 CLERK'S CERTIFICATE OF DEFAULT as to ServedFresh, LLC.(km) |
| Filing 10 DECLARATION of Alexander R. Malbin re: #9 Proposed Clerk's Certificate of Default . Document filed by Eric Johnson. (Attachments: #1 Supplement Request for Clerk's Certificate of Default).(Malbin, Alexander) |
| Filing 9 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Eric Johnson..(Malbin, Alexander) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 12/20/2022 (km). |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. ServedFresh, LLC served on 11/22/2022, answer due 12/13/2022. Service was accepted by Amy Lesch, authorized person in the Corporation Division of the Department of State, New York State Secretary of State. Document filed by Eric Johnson..(Malbin, Alexander) |
| Filing 7 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights..(jgo) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to ServedFresh, LLC..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Jennifer Willis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to ServedFresh, LLC, re: #1 Complaint. Document filed by Eric Johnson..(Malbin, Alexander) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Eric Johnson..(Malbin, Alexander) |
| Filing 3 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Malbin, Alexander) |
| Filing 2 CIVIL COVER SHEET filed..(Malbin, Alexander) |
| Filing 1 COMPLAINT against ServedFresh, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26951684)Document filed by Eric Johnson..(Malbin, Alexander) |
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| Plaintiff: Eric Johnson | |
| Represented By: | Alexander Rudolf Malbin |
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| Defendant: ServedFresh, LLC | |
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