Case Activity (8531)

1. Utility | Filed: August 17, 2026 | Entered: August 18, 2026 Breen v. Flouty et al

   Personal Property: Other | New York Southern

   Set/Reset Hearings

   Set/Reset Hearings: Telephone Conference set for 9/8/2026 at 10:00 AM before Judge Katherine Polk Failla. (vfr)

2. Order | Filed: August 17, 2026 Breen v. Flouty et al

   Personal Property: Other | New York Southern

   Order

   MEMO ENDORSEMENT on re: 47 Memorandum of Law in Opposition denying 39 Motion to Vacate. ENDORSEMENT: The Court has reviewed the motion of Defendants Victor Michael Flouty a/k/a Victor Michael Flutie a/k/a Michael Flutie and Harry Hart Entertai nment LLC's ("Harry Hart") (collectively, "Defendants") to vacate the default judgment entered against them, (Dkt. #39-42), as well as Plaintiff's opposition, (Dkt. #47-48). For substantially the reasons set out in Plain tiff's briefing, Defendants' motion is DENIED. As suggested in the Court's prior Order on July 30, 2026 (Dkt. #44), Mr. Flouty could not have credibly understood the email exchange with Court staff to absolve his need to respond or otherwise oppose default judgment. Even if Mr. Flouty had that misimpression, it was certainly obviated by the time of his receipt of the motion to show cause (Dkt.#32), and by the time the show-cause hearing was held (Dkt. #35). Plaintiff has gone t o great lengths to effectuate service of process on Defendants, including by and through the Secretary of State of New York and the Hague Service Convention, (Dkt. # 48), and the Court is not persuaded that Defendants mistakenly believed the case was stayed until they retained counsel. Accordingly, this Court declines to vacate default judgment against Defendants Mr. Flouty and Harry Hart because (i) "the default was willful;" (ii) setting aside the default would prejudice the adversar y; and (iii) a "meritorious defense" was not presented. Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993). In addition, the remaining parties in the case -- Plaintiff Breen and Defendant TestBoard Technologies, Inc. -- are hereb y ORDERED to appear for a telephonic pretrial conference on September 8, 2026, at 10:00 a.m. At the designated time, the parties shall call (855) 244-8681 and enter access code 2315 780 7370. In accordance with the Court's Order on November 7, 2 025 (Dkt. #3), the parties are reminded that they must submit a Proposed Civil Case Management Plan, a Scheduling Order, and a joint status update by Thursday of the week prior to the initial pretrial conference. The Clerk of Court is directed to terminate docket entry 39. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/17/2026) (vfr) Modified on 8/18/2026 (vfr).

3. 8529 additional result(s)