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Trademark | Massachusetts
Order ~Util - Terminate Motions
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Previously, this Court considered and addressed defendant Pereira’s Motion to Vacate the Entry of Default but did not resolve the motion. Doc. No. 117 . The Court specifically ordered Pereira to serve interrogatory responses by May 15, document responses by May 29, and a reply to the plaintiff US Ghost’s opposition to his Motion to Vacate by June 5. Id. Pereira did respond to the interrogatories. Doc. No. 121-1. But his responses do not substantially or in good faith respond to US Ghost’s requests. Pereira failed to serve document responses and failed to file a reply. In light of the considerations previously noted by the Court, Pereira’s continued disregard of Court orders—as well as the obligations of the discovery process—and the reasons advanced by US Ghost, Doc. No. 121 , the Motion to Vacate (Doc. No. 116 ) is DENIED. US Ghost’s Motion for Default Judgment as to both defendants remains pending. Doc. No. 109 . Pereira has filed an opposition, Doc. No. 113 , but it engaged in (at best) a limited response to the arguments made by US Ghost. In light of the unusual posture of the case—not least of which is a plaintiff seeking a default judgment of approximately $240,000, against a pro se small business owner, on claims as to which the Court found the plaintiff lacked a likelihood of success on the merits (a ruling affirmed by the Circuit), Doc. Nos. 24 , 45 , 46 —the Court accords Pereria a further opportunity to oppose the Motion for Default Judgment and the relief sought. Any such further opposition from Pereira is due by July 10, 2026. If Pereira files a further opposition, US Ghost may file a reply, not to exceed five pages, due within seven days of Pereira’s filing. The Court will determine, at that time, whether a hearing as to default judgment and/or the relief demanded is required.(FGD)
Previously, this Court considered and addressed defendant Pereira’s Motion to Vacate the Entry of Default but did not resolve the motion. Doc. No. 117 . The Court specifically ordered Pereira to serve interrogatory responses by May 15, document responses by May 29, and a reply to the plaintiff US Ghost’s opposition to his Motion to Vacate by June 5. Id. Pereira did respond to the interrogatories. Doc. No. 121-1. But his responses do not substantially or in good faith respond to US Ghost’s requests. Pereira failed to serve document responses and failed to file a reply. In light of the considerations previously noted by the Court, Pereira’s continued disregard of Court orders—as well as the obligations of the discovery process—and the reasons advanced by US Ghost, Doc. No. 121 , the Motion to Vacate (Doc. No. 116 ) is DENIED.
US Ghost’s Motion for Default Judgment as to both defendants remains pending. Doc. No. 109 . Pereira has filed an opposition, Doc. No. 113 , but it engaged in (at best) a limited response to the arguments made by US Ghost. In light of the unusual posture of the case—not least of which is a plaintiff seeking a default judgment of approximately $240,000, against a pro se small business owner, on claims as to which the Court found the plaintiff lacked a likelihood of success on the merits (a ruling affirmed by the Circuit), Doc. Nos. 24 , 45 , 46 —the Court accords Pereria a further opportunity to oppose the Motion for Default Judgment and the relief sought. Any such further opposition from Pereira is due by July 10, 2026. If Pereira files a further opposition, US Ghost may file a reply, not to exceed five pages, due within seven days of Pereira’s filing. The Court will determine, at that time, whether a hearing as to default judgment and/or the relief demanded is required.
Copy Mailed
Copy re 123 Order, mailed to Joseph Pereira on 6/22/2026. (FGD)
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