Status Report on Default Judgment Motion — 3M Company v. Performance Supply, LLC

Summary

A status report letter dated December 1, 2022 from Carmine R. Zarlenga of Mayer Brown LLP, counsel for plaintiff 3M Company, to Magistrate Judge Jennifer E. Willis in 3M Company v. Performance Supply, LLC, Case No. 1:20-cv-02949-JLR-JW, in the United States District Court, S.D.N.Y., filed as Document 40. It states that on November 23, 2022 Judge Rochon referred the case for 3M's anticipated motion for a default judgment and permanent injunction and ordered a status report by December 1, 2022. The letter reports that on November 29, 2022 3M obtained a Clerk's Certificate of Default against Performance Supply, LLC (Doc. No. 39) and that 3M will file a pre-motion letter by December 8, 2022.

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Mayer Brown LLP
1999 K Street, NW
Washington, D.C. 20006
United States of America
T: +1 202 263 3000
www.mayerbrown.com
Carmine R. Zarlenga
T: +1 202 263 3227
czarlenga@mayerbrown.com

December 1, 2022

Via ECF

The Honorable Jennifer E. Willis
United States Magistrate Judge
United States District Court, S.D.N.Y.
40 Foley Square
New York, New York 10007

Re: 3M Company v. Performance Supply, LLC; Case No. 1:20-cv-02949-JLR-JW

       Update on Status of the Action

Dear Judge Willis:

We represent Plaintiff 3M Company (“3M”) in the above-referenced civil action.  On
November 23, 2022, Judge Rochon referred this case to Your Honor for 3M’s “anticipated motion
for a default judgment and permanent injunction, along with General Pretrial Purposes” (the
“Motion”).  Doc. Nos. 34, 35.  Judge Rochon also Ordered 3M to file a status report about its
Motion by December 1, 2022.  See id.  I am pleased to report that, on November 29, 2022, 3M
obtained a Clerk’s Certificate of Default against Defendant Performance Supply, LLC pursuant to
Rules 55.1(b) and 55.2(b)(1) of the Local Rules of the United States District Courts for the
Southern and Eastern Districts of New York.  See Doc. No. 39.  As a next step, unless Your Honor
Orders otherwise, pursuant to Rules I.B and II.A of this Court’s Individual Practices in Civil Cases,
3M will file a pre-motion letter concerning its Motion by December 8, 2022.

We thank the Court for its time and consideration.

Respectfully submitted,

/s/ Carmine R. Zarlenga

Carmine R. Zarlenga
cc (via USPS):
Performance Supply, LLC
c/o Ronald Romano
3 Westbrook Way
Manalapan, New Jersey 07726
Case 1:20-cv-02949-JLR-JW     Document 40     Filed 12/01/22     Page 1 of 1

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