Europgold Ltd. v. Silver N Gold Wholesale, LLC
Europgold Ltd. v. Silver N Gold Wholesale, LLC
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EUROPGOLD LTD., Plaintiff, -against- Case No. 1:24-cv-07297 (JLR) SILVER N GOLD WHOLESALE, LLC, ALPINE ORDER GOLD GROUP, INC. and PADAM VALIRAMANI a/k/a MIKE VALIRAMANI, Defendants. JENNIFER L. ROCHON, United States District Judge: On January 7, 2025, the Clerk of Court entered a certificate of default as to Defendant Alpine Gold Group after it failed to file an answer or otherwise respond to the Complaint. See Dkt. 22. On March 3, 2025, prior to proper service of the other two Defendants, see Dkts. 29- 30, Plaintiff moved for default judgment as to Alpine Gold Group only. See Dkt. 27. On April 24, 2025, after counsel for Defendants filed a letter with the Court indicating that Defendant Valiramani had been overseas and unreachable prior to that point, see Dkt. 39, the Court held a remote conference and extended all Defendants’ answer deadlines to May 8, 2025, see Dkts. 38, 42. On May 9, 2025, Defendants Alpine Gold Group and Silver N Gold Wholesale filed an Answer. See Dkt. 43. However, contrary to representations made at the conference, counsel for Defendants did not coordinate the service of Defendant Valiramani, and Defendant Valiramani did not file an Answer. See Dkts. 45, 48. Counsel for Defendants has also not filed a notice of appearance as instructed by the Court. See Dkt. 42; cf. Colburn Fam. Found. v. Chabad’s Child. of Chernobyl,
739 F. Supp. 2d 614, 620(S.D.N.Y. 2010) (“[W]here a corporation repeatedly fails to appear by counsel, a default judgment may be entered against it pursuant to Rule 55.” (quoting Grace v. Bank Leumi Tr. Co. of N.Y.,
443 F.3d 180, 192(2d Cir. 2006))). On July 9, 2025, the Court granted Plaintiff’s motion to serve Defendant Valiramani by email, see Dkt. 49, and Plaintiff served Defendant Valiramani later that day, see Dkt. 50. Accordingly, Defendant Valiramani’s answer is now due on July 30, 2025. See
id.As all Defendants have now been served, and Alpine Gold Group has since filed an Answer, it is hereby ORDERED that the motion for default judgment at Dkt. 27 is DENIED as MOOT without prejudice to renewal as to all three Defendants at a later date if Defendant Valiramani fails to respond to the Complaint and no appearance is entered on behalf of Defendants. The Clerk of Court is respectfully directed to terminate the pending motion at Dkt. 27. Dated: July 17, 2025 New York, New York SO ORDERED. Sheer Kicker NNIFER L. ROCHON United States District Judge
Reference
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