Avon Lifestyle Pvt Ltd

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CourtsW.D. New York

TypeOperating Company

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Recent Dockets

Entered	Case	Description
05/09/23	Swissdigital USA Co Ltd v. Avon Lifes 1:20-CV-00870 ( W.D. NY )	MEMORANDUM IN SUPPORT re 11 MOTION for Default Judgment as to Avon Lifestyle Pvt. Ltd., Naina Parekh bySwissdigital USA Co., Ltd.. (Keyhani, Dariush) (Entered: 05/09/2023)
05/09/23	Swissdigital USA Co Ltd v. Avon Lifes 1:20-CV-00870 ( W.D. NY )	MEMORANDUM IN SUPPORT re 11 MOTION for Default Judgment as to Avon Lifestyle Pvt. Ltd., Naina Parekh bySwissdigital USA Co., Ltd.. (Keyhani, Dariush) (Entered: 05/09/2023)
05/09/23	Swissdigital USA Co Ltd v. Avon Lifes 1:20-CV-00870 ( W.D. NY )	MEMORANDUM IN SUPPORT re 11 MOTION for Default Judgment as to Avon Lifestyle Pvt. Ltd., Naina Parekh bySwissdigital USA Co., Ltd.. (Keyhani, Dariush) (Entered: 05/09/2023)
05/09/23	Swissdigital USA Co Ltd v. Avon Lifes 1:20-CV-00870 ( W.D. NY )	MOTION for Default Judgment as to Avon Lifestyle Pvt. Ltd., Naina Parekh by Swissdigital USA Co., Ltd..(Keyhani, Dariush) (Entered: 05/09/2023)
05/09/23	Swissdigital USA Co Ltd v. Avon Lifes 1:20-CV-00870 ( W.D. NY )	MOTION for Default Judgment as to Avon Lifestyle Pvt. Ltd., Naina Parekh by Swissdigital USA Co., Ltd..(Keyhani, Dariush) (Entered: 05/09/2023)
05/09/23	Swissdigital USA Co Ltd v. Avon Lifes 1:20-CV-00870 ( W.D. NY )	MOTION for Default Judgment as to Avon Lifestyle Pvt. Ltd., Naina Parekh by Swissdigital USA Co., Ltd..(Keyhani, Dariush) (Entered: 05/09/2023)
04/04/23	Swissdigital USA Co Ltd v. Avon Lifes 1:20-CV-00870 ( W.D. NY )	Clerk's ENTRY OF DEFAULT as to Avon Lifestyle Pvt. Ltd., and Naina Parekh. (RE) (Entered: 04/04/2023)
04/04/23	Swissdigital USA Co Ltd v. Avon Lifes 1:20-CV-00870 ( W.D. NY )	Clerk's ENTRY OF DEFAULT as to Avon Lifestyle Pvt. Ltd., and Naina Parekh. (RE) (Entered: 04/04/2023)
04/04/23	Swissdigital USA Co Ltd v. Avon Lifes 1:20-CV-00870 ( W.D. NY )	Clerk's ENTRY OF DEFAULT as to Avon Lifestyle Pvt. Ltd., and Naina Parekh. (RE) (Entered: 04/04/2023)
04/03/23	Swissdigital USA Co Ltd v. Avon Lifes 1:20-CV-00870 ( W.D. NY )	TEXT ORDEROn 7/10/2020, the plaintiff, Swissdigital USA Co., Ltd. ("Swissdigital"), commenced this action, alleging that the defendants, Avon Lifestyle Pvt. Ltd. and Naina Parekh, infringed a patent held by Swissdigital. Docket Item 1 . On 5/28/2021, Swissdigital filed a letter "to apprise the Court of its intention to move for default judgment" and asking the Court to enter a default. Docket Item 6 . Swissdigital explained that it has "attempted to serve [the d]efendants, who are citizens of India, in accordance with Federal Rule of Civil Procedure 4 and with the Hague Convention." Id. at 1. And it argued that Article 15 of the Hague Convention permits entry of default here because (1) Swissdigital transmitted the documents for service by one of the methods provided in the Hague Convention; (2) more than six months had passed since the transmission of those documents; and (3) "no certificate of any kind has been received, even though every reasonable effort has been made to obtain it from India's Central Authority." Id. at 2-4.On 6/3/2022, this Court ordered Swissdigital to show cause why its efforts to effect service satisfy the due process clause of the Constitutionâ€”another requirement for service of process. See Docket Item 7 . On 7/18/2022, Swissdigital responded to the show cause order and explained that it had provided actual notice of the lawsuit to the defendants. Docket Item 8 at 2-6. To support that contention, Swissdigital described when and how it provided actual notice to the defendants, including by email and by phone call, id., and provided copies of the relevant emails and messages, see Docket Items 6-3, 8-3, 8-6. It also explained that it successfully had contacted the defendants via email before sending the complaint, and that the defendants appeared to continue using their email addresses for other business purposes after Swissdigital emailed copies of the complaint. Docket Item 8 at 5. Swissdigital concluded that "email correspondence was an effective means of communicating with" the defendants. Id.Having reviewed Swissdigital's filings, this Court agrees: Swissdigital's efforts to serve the defendants satisfied the due process clause because they were "reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." See Mullane v. Cent. Hanover Bank & Tr. Co., 339 U.S. 306, 314 (1950). Additionally, Swissdigital has complied with the requirements of the Hague Convention. See Docket Item 6 ; Burda Media, Inc. v. Viertel, 417 F.3d 292, 303 (2d Cir. 2005) (affirming denial of motion to vacate default judgment where plaintiff complied with the Hague Convention and satisfied constitutional due process).The Clerk of the Court therefore shall enter a default against the defendants and Swissdigital may move for a default judgment. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/3/2023. (DJ)Clerk to Follow up (Entered: 04/03/2023) TEXT ORDEROn 7/10/2020, the plaintiff, Swissdigital USA Co., Ltd. ("Swissdigital"), commenced this action, alleging that the defendants, Avon Lifestyle Pvt. Ltd. and Naina Parekh, infringed a patent held by Swissdigital. Docket Item 1 . On 5/28/2021, Swissdigital filed a letter "to apprise the Court of its intention to move for default judgment" and asking the Court to enter a default. Docket Item 6 . Swissdigital explained that it has "attempted to serve [the d]efendants, who are citizens of India, in accordance with Federal Rule of Civil Procedure 4 and with the Hague Convention." Id. at 1. And it argued that Article 15 of the Hague Convention permits entry of default here because (1) Swissdigital transmitted the documents for service by one of the methods provided in the Hague Convention; (2) more than six months had passed since the transmission of those documents; and (3) "no certificate of any kind has been received, even though every reasonable effort has been made to obtain it from India's Central Authority." Id. at 2-4.On 6/3/2022, this Court ordered Swissdigital to show cause why its efforts to effect service satisfy the due process clause of the Constitutionâ€”another requirement for service of process. See Docket Item 7 . On 7/18/2022, Swissdigital responded to the show cause order and explained that it had provided actual notice of the lawsuit to the defendants. Docket Item 8 at 2-6. To support that contention, Swissdigital described when and how it provided actual notice to the defendants, including by email and by phone call, id., and provided copies of the relevant emails and messages, see Docket Items 6-3, 8-3, 8-6. It also explained that it successfully had contacted the defendants via email before sending the complaint, and that the defendants appeared to continue using their email addresses for other business purposes after Swissdigital emailed copies of the complaint. Docket Item 8 at 5. Swissdigital concluded that "email correspondence was an effective means of communicating with" the defendants. Id.Having reviewed Swissdigital's filings, this Court agrees: Swissdigital's efforts to serve the defendants satisfied the due process clause because they were "reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." See Mullane v. Cent. Hanover Bank & Tr. Co., 339 U.S. 306, 314 (1950). Additionally, Swissdigital has complied with the requirements of the Hague Convention. See Docket Item 6 ; Burda Media, Inc. v. Viertel, 417 F.3d 292, 303 (2d Cir. 2005) (affirming denial of motion to vacate default judgment where plaintiff complied with the Hague Convention and satisfied constitutional due process).The Clerk of the Court therefore shall enter a default against the defendants and Swissdigital may move for a default judgment. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/3/2023. (DJ)Clerk to Follow up (Entered: 04/03/2023)