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Pakter v. Janou Pakter LLC

Default Judgment Vacated; Default Was Not 'Willful', Prejudice From Default Was Cured

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OPINION & ORDER

*1  This decision resolves the motion of defendant Janou Pakter LLC (“defendant”)1 asking the Court to reconsider its decision denying defendant’s motion to vacate the default judgment this Court had entered against it in this trademark infringement action. That decision, issued on December 5, 2017 (the “December 5 Order”), reasoned that defendant had failed to take the steps the Court had directed be taken to justify vacating the default. In particular, defendant had not reimbursed plaintiffs for the fees and costs plaintiffs had incurred in connection with a post-default inquest into damages. Defendant, having now paid those fees and costs and having explained that defendant’s failure to heed that order derived from defense counsel’s having failed to correct the email address that had been given to the Court, now moves for reconsideration of that decision. For the reasons that follow, the Court finds that defendant has now adequately cured the prejudice to plaintiffs occasioned by its defaults and has otherwise met the requirements, under

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