Marky's Martial Arts, Inc. v. FC Online Marketing, Inc.

S.D. New York

Marky's Martial Arts, Inc. v. FC Online Marketing, Inc.

District Court, S.D. New York·Decided December 4, 2019·No. 1:19-cv-03363·Unknown

Opinion

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DATERLED, OUTA_ SOUTHERN DISTRICT OF NEW YORK 2 8 ae NA MARKY’S MARTIAL ARTS, INC., : Plaintiff, ; : 1:19-cv-03363 (ALC) -against- : : ORDER FC ONLINE MARKETING, INC. : Defendant. :

□□ 8 tt YK ANDREW L. CARTER, JR., United States District Judge: The Court is in receipt of Plaintiff's letter dated October 29, 2019, concerning venue. ECF No. 17. Having considered Plaintiff’s letter and its arguments at the Order to Show Cause Hearing held on October 22, 2019, the Court finds that the Defendant has waived the defense of improper venue by virtue of its default. See Hoffman v. Blaski, 363 U.S. 335, 343 (1960) (“a defendant, properly served with process by a court having subject matter jurisdiction, waives venue by failing seasonably to assert it, or even simply by making default.”); see also LG Capital Funding, LLC v. Wowio, Inc., No. 16-CV-6632 , 2018 WL 3202077, at *7 (E.D.N.Y. Apr. 24, 2018), report and recommendation adopted, No. 16CV06632AMDRLM, 2018 WL 2224991 (E.D.N.Y. May 15, 2018) (“With regard to the Defendants’ challenge to venue in this District, the Court finds that they have waived that defense by their default.”),; MD Produce Corp. v, 231 Food Corp., 304 F.R.D. 107, 108 (E.D.N.Y. 2014) (collecting cases). SO ORDERED. 7 (GE MVE Dated: December 4, 2019 New York, New York ANDREW L. CARTER, JR. United States District Judge

Free access — add to your briefcase to read the full text and ask questions with AI

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DATERLED, OUTA_ SOUTHERN DISTRICT OF NEW YORK 2 8 ae NA MARKY’S MARTIAL ARTS, INC., : Plaintiff, ; : 1:19-cv-03363 (ALC) -against- : : ORDER FC ONLINE MARKETING, INC. : Defendant. :

□□ 8 tt YK ANDREW L. CARTER, JR., United States District Judge: The Court is in receipt of Plaintiff's letter dated October 29, 2019, concerning venue. ECF No. 17. Having considered Plaintiff’s letter and its arguments at the Order to Show Cause Hearing held on October 22, 2019, the Court finds that the Defendant has waived the defense of improper venue by virtue of its default. See Hoffman v. Blaski, 363 U.S. 335, 343 (1960) (“a defendant, properly served with process by a court having subject matter jurisdiction, waives venue by failing seasonably to assert it, or even simply by making default.”); see also LG Capital Funding, LLC v. Wowio, Inc., No. 16-CV-6632 , 2018 WL 3202077, at *7 (E.D.N.Y. Apr. 24, 2018), report and recommendation adopted, No. 16CV06632AMDRLM, 2018 WL 2224991 (E.D.N.Y. May 15, 2018) (“With regard to the Defendants’ challenge to venue in this District, the Court finds that they have waived that defense by their default.”),; MD Produce Corp. v, 231 Food Corp., 304 F.R.D. 107, 108 (E.D.N.Y. 2014) (collecting cases). SO ORDERED. 7 (GE MVE Dated: December 4, 2019 New York, New York ANDREW L. CARTER, JR. United States District Judge

Marky's Martial Arts, Inc. v. FC Online Marketing, Inc., (S.D.N.Y. 2019).

Pincite

Marky's Martial Arts, Inc. v. FC Online Marketing, Inc. (Marky's Martial Arts, Inc. v. FC Online Marketing, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related