Innovacyn Inc. v. Atlantic Packaging Equipment, LLC

I. INTRODUCTION AND BACKGROUND

On May 29, 2018, plaintiff Innovacyn, Inc. filed this action against defendant Atlantic Packaging Equipment, LLC. Dkt. 1 (“Compl.”). The complaint asserts claims for (1) breach of contract; (2) breach of contract, implied in fact; (3) breach of the implied warranty of merchantability; and (4) breach of implied warranty of fitness for a particular purpose. Id. Plaintiff “1s engaged in the business of producing topical wound ointments for animals and humans,” while defendant “designs and manufactures capping machines, conveyors, parts feeding systems, special application and assembly equipment, and pump placers.” Id. 95, 7. The gravamen of plaintiffs claims is that defendant sold plaintiff defective packaging equipment. See id. 7—18. On July 17, 2018, plaintiff requested that the Clerk enter default against defendant, and the Clerk did so on July 18, 2018. Dkt. 12, 13. On July 25, 2018, the Honorable Virginia A. Phillips issued a minute order advising plaintiff that if it failed to file a motion for default judgment against defendant within thirty days, “the case will be dismissed without prejudice for …