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16-1408 - Sream Inc. v. Saakshi Enterprises Inc. et al


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16-1408 - Sream Inc. v. Saakshi Enterprises Inc. et al
June 15, 2017
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OPINION & ORDER granting in part and denying in part 13 Motion for Default Judgment: Saakshi's default was not willful, there is a potentially meritorious defense, and, other than delay, plaintiff will not be prejudiced by vacatur. Therefore, the motion for a default judgment as to Saakshi is denied, and the Clerk of Court is directed to vacate the default against Saakshi. As to Saakshi, the case is to proceed as follows: Plaintiff is directed to file any amended complaint by 7/5/2017, and Saakshi is directed to answer or move against the amended complaint in accordance with the Rules; REFERRAL ORDER: The issue of damages and other relief to be awarded is referred to United States Magistrate Judge Robert M. Levy for a report and recommendation. Ordered by Judge Nina Gershon on 6/14/2017. (Barrett, C)
March 30, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Robert M. Levy dated March 8, 2018. Sream's motion for default judgment is DENIED. The claims against defendants Fine Gourmet and F&B are dismissed without prejudice. Ordered by Judge Nina Gershon on 3/28/2018. (Barrett, C)