Alpha Industries, Inc. v. Alpha Clothing Co. LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALPHA INDUSTRIES, INC., Plaintiff, Civ. 00087 (KPF) -v.- ORDER ALPHA CLOTHING CO. LLC and RYAN TANNER MUELLER, Defendants.

KATHERINE POLK FAILLA, District Judge: On February 26, 2021, a Clerk’s Certificate of Default was entered as to Defendants in this matter (see Dkt. #19), but no default judgment followed. Defendants subsequently filed several submissions on the docket (see Dkt. #20-21, 23), including a motion to transfer the venue of this action (Dkt. #20), and appeared for a conference on March 11, 2021. After hearing the parties’ positions on whether default should be granted or vacated, and considering the “widely accepted” factors used by courts in this Circuit in determining whether to relieve a party from default, see Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), the Court directs the Clerk of Court to vacate the Certificate of Default entered in favor of Plaintiff at docket entry 19. The Court understands that counsel for Defendants will promptly file a notice of appearance.

Separately, the Court schedules the responsive briefing to Defendants’ motion to transfer the venue of this action as follows: Plaintiff’s opposition brief is due on or before April 16, 2021, and any reply from Defendants is SO ORDERED.

Dated: March 12, 2021 hh y filo New York, New York KATHERINE POLK FAILLA United States District Judge