Jan. 30 at 5:55 PM
$VPLM Apple, Google, and Samsung fail to meet today's filing deadline in the VPLM litigation, the primary immediate legal consequence is that the plaintiff, VoIP-Pal, could request the court to enter a default judgment against them.
Potential Consequences
Entry of Default: Under Rule 55(a) of the Federal Rules of Civil Procedure (FRCP), if a defendant fails to "otherwise defend," the clerk of the court must enter their default.
Default Judgment: Following an entry of default, the plaintiff can then move the court for a default judgment, which, if granted, would result in a ruling in favor of the plaintiff for the relief requested in the complaint (likely a significant monetary award in this antitrust case).
Mitigating Factors
While serious, a missed deadline is not always a final loss. The defendant corporations have legal avenues to mitigate the consequences:
Setting Aside Default: The court has the discretion to set aside an entry of default for "good cause".
