Declaration of Jonathan W. Thomas ISO Default Judgment — 3M Company v. Performance Supply

Summary

The Declaration of Jonathan W. Thomas, Esq. in Support of Plaintiff 3M Company's Motion for Default Judgment and Permanent Injunction in 3M Company v. Performance Supply, LLC, Case No. 1:20-cv-02949 (JLR) (JW), in the U.S. District Court for the Southern District of New York, filed January 13, 2023 as Document 48. Thomas, a partner at Mayer Brown LLP and counsel for 3M, states that 3M sued on April 10, 2020, served the defendant's principal Ronald Romano on April 14, 2020, and that the defendant never appeared, leading to a Clerk's Certificate of Default on November 29, 2022. He states that a preliminary injunction was granted on May 5, 2020 and that the case was deferred from June 24, 2020 to September 29, 2022 pending the criminal case U.S.A. v. Romano, Case No. 1:20-cr-00585-ALC. It states that 3M seeks no monetary damages and attaches a proposed final judgment.

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
3M Company,
Plaintiff,
vs.
Performance Supply, LLC,
Defendant.
Case No. 1:20-cv-02949 (JLR) (JW)

DECLARATION OF JONATHAN W. THOMAS, ESQ.
IN SUPPORT OF PLAINTIFF 3M COMPANY’S MOTION
FOR DEFAULT JUDGMENT AND PERMANENT INJUNCTION

I, Jonathan W. Thomas, Esq., pursuant to 28 U.S.C. § 1746 and upon penalty of perjury,
declare as follows:
1.
I am a resident of the State of New York; over the age of 18; and competent to make
this Declaration.  I could and would testify as to the matters set forth herein, if called upon to do
so.
2.
I am a Partner in the New York office of the law firm of MAYER BROWN LLP.
3.
I am counsel of record for Plaintiff 3M Company (“3M”) in the above-captioned
civil action (the “Action”).
4.
I make this Declaration pursuant to Rule 55.2(b) of the Local Rules of the United
States District Courts for the Southern and Eastern Districts of New York, and in support of 3M’s
motion for a Final Judgment entering a Default Judgment and Permanent Injunction against
Defendant Performance Supply, LLC (“Defendant”).
5.
3M commenced this Action on April 10, 2020 (the “Complaint”).  See Dkt. 1.  I
attach hereto as Exhibit 1 a true and correct copy of the Complaint.
Case 1:20-cv-02949-JLR-JW     Document 48     Filed 01/13/23     Page 1 of 3

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6.
3M duly served Defendant with a copy of the Summons and Complaint by
personally serving both documents on Mr. Ronald Romano, Defendant’s principal, on April 14,
2020.  See Dkt. 18.  I attach hereto as Exhibit 2 a true and correct copy of the Affidavit of Service.
7.
Defendant’s deadline to respond to the Complaint was May 5, 2020.  See Dkt. 18.
To date, Defendant has neither appeared in this Action nor responded to the Complaint.  Defendant
also is not an infant, in the military, or an incompetent person; rather, Defendant is a limited
liability company.  Accordingly, on November 29, 2022, Ruby J. Krajick, Clerk of the United
States District Court for the Southern District of New York, entered a Clerk’s Certificate of Default
against Defendant.  See Dkt. 39 (the “Certificate of Default”).  I attach hereto as Exhibit 3 a true
and correct copy of the Certificate of Default.
8.
On May 5, 2020, the Court entered its Findings of Fact and Conclusions of Law in
connection with 3M’s Application for a Temporary Restraining Order and Preliminary Injunction,
and granted a preliminary injunction in favor of 3M and against Defendant.  See Dkt. No. 23.
9.
From June 24, 2020 to September 29, 2022, this Action was deferred pending
adjudication of a three-count criminal Complaint initiated by the United States Attorney’s Office
for the Southern District of New York against Mr. Ronald Romano, Defendant’s principal, which
is stylized U.S.A. v. Romano, Case No. 1:20-cr-00585-ALC (S.D.N.Y. 2020).  See Dkt. Nos. 28-
33.
10.
On December 12, 2022, the Court entered an order directing 3M to file with the
Court: (1) Proposed Findings of Fact and Conclusions of Law; (2) an Inquest Memorandum of
Law, accompanied by supporting Affidavits and Exhibits; and (3) a Permanent Injunction
Memorandum of Law.  Dkt. No. 42.
Case 1:20-cv-02949-JLR-JW     Document 48     Filed 01/13/23     Page 2 of 3

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11.
On December 15, 2022, 3M filed an Affidavit of Service, demonstrating that 3M
duly served, by personal service, a copy of the Court’s December 12, 2022 order (Dkt. No. 42)
upon Mr. Ronald Romano, Defendant’s principal, on December 13, 2022.  See Dkt. No. 43.
12.
3M does not seek any monetary damages from Defendant.
13.
I attach hereto as Exhibit 4 a Proposed Final Judgment that enters a Default
Judgment and Permanent Injunction against Defendant.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge and that this Declaration was executed this 13th day of January, 2023 in New York,
NY.

                    ___________________________
                    Jonathan W. Thomas

Case 1:20-cv-02949-JLR-JW     Document 48     Filed 01/13/23     Page 3 of 3

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