Order | Filed: March 18, 2021
| Entered: March 18, 2021
Good Old Gold, Inc. v. Weingarten et al
Trademark | New York Eastern
Order on Motion to Vacate
ORDER granting 29 Motion to Vacate.
The Court, which is very familiar with the unduly long history of this case, has reviewed the motion with considerable care. This matter must be viewed through the lens of the Second Circuit case law, which heavily favors disposition on the merits. While defendants, at times, have been less than diligent with regard to Court filings, overall there have been good faith efforts to resolve this dispute, layered atop underlying business, interpersonal and familial complications. Thus, on balance, the Court is inclined to grant the motion.
However, plaintiff's objections are not without merit. As to plaintiff's requests for conditions, the Court is not inclined at this point to impose attorney's fees, however, defendants are hereby cautioned that: (1) further failure to respond or conduct the proceedings in a diligent manner will almost certainly result in entry of a default judgment; and (2) because this matter has been unnecessarily delayed, it will be fast-tracked toward disposition. With respect to that second point, counsel shall submit a joint proposal to Magistrate Judge Locke within two weeks of the date of this order for the completion of discovery and a schedule for dispositive motion practice and/or trial in short order. Judge Locke will determine whether an initial conference is required in this matter.
Plaintiff's request that preliminary injunctive relief be imposed as a condition of vacating the default is denied, without prejudice to the filing of an application for such relief.
The motion to vacate is granted and the Clerk's entry of default is hereby vacated.
Ordered by Judge Gary R. Brown on 3/18/2021. (Brown, Gary)