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Philip Morris USA Inc. v. Veles Ltd.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


April 20, 2009

PHILIP MORRIS USA INC., PLAINTIFF,
v.
VELES LTD., AFOLINA INC., XENON LTD., LOLADEZNANA, MR-PILOT PLUSSRL., DIGITAL MANDATE ESTABLISHMENT, OOO INTELKOM, RU HOLDING, VLADISLAV RUZOV, BLITZLTD., ALL OF OUR BUTTS, CIGARETTES AMERICA, DISCOUNT-CIGARETTES.COM, AND NATION WIDESHOPPING CART.COM, DEFENDANTS.

The opinion of the court was delivered by: George B. Daniels, United States District Judge

ORDER

Plaintiff Philip Morris USA, Inc. seeks an order striking the answer filed on behalf of defendants Discount-cigarettes.com and Nationwideshoppingcart.com and entering a default judgment against those defendants for their failure to comply with the order issued by Magistrate Judge Theodore H. Katz on July 30, 2008. Plaintiff also asks this Court to enter a permanent injunction against Discount-cigarettes.com, Nationwideshoppingcart.com, and certain individuals plaintiff believes to be affiliated with those corporations.

In his order, Magistrate Judge Katz advised defendants that if counsel failed to appear on their behalf by August 4, 2008, "a default will be entered" against them. See Order, Docket No. 85. No attorney filed a notice of appearance on defendants' behalf, and the deadline to do so has long since expired. Accordingly, plaintiff's request that an order of default be entered against defendants Discount-cigarettes.com and Nationwideshoppingcart.com is GRANTED.

Plaintiff's motion that this Court strike the answer filed on behalf of Discount-cigarettes.com and Nationwideshoppingcart.com is denied as moot.

SO ORDERED.

20090420

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