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CITY OF NEW YORK v. MICKALIS PAWN SHOP, LLC

Docket Nos. 08-4804-cv, 09-1345-cv.

645 F.3d 114 (2011)

The CITY OF NEW YORK, Plaintiff-Appellee, v. MICKALIS PAWN SHOP, LLC, Defendant-Appellant, A-1 Jewelry & Pawn, Inc., Adventure Outdoors, Inc., Cole's Gun Shop, Inc., Dunkelberger's Sports Outfitters, Gallery Distributing Inc., Greg L. Driggers d/b/a AAA Gun & Pawn Brokers, The Gun Store, Inc., Harold W. Babcock, Jr. d/b/a Webb's Sporting Goods, James Thomas Farmer d/b/a Jim's Guns and Whatever, Nancy Dailey d/b/a Peddler's Post, Old Dominion Guns & Tackle, Inc., Patriot Services, Inc., Welsh Pawn Shop, Inc. d/b/a Big Tom's Pawn Shop, Woodrow C. Holman III d/b/a Woody's Pawn Shop, Virginia Firearms & Transfers, Inc., Defendants. The City of New York, Plaintiff-Appellee, v. Adventure Outdoors, Inc., Defendant-Appellant, A-1 Jewelry & Pawn, Inc., Cole's Gun Shop, Inc., Dunkelberger's Sports Outfitters, Gallery Distributing Inc., Greg L. Driggers d/b/a AAA Gun & Pawn Brokers, The Gun Store, Inc., Harold W. Babcock, Jr. d/b/a Webb's Sporting Goods, James Thomas Farmer d/b/a Jim's Guns and Whatever, Mickalis Pawn Shop, LLC, Nancy Dailey d/b/a Peddler's Post, Old Dominion Guns & Tackle, Inc., Patriot Services, Inc., Welsh Pawn Shop, Inc. d/b/a Big Tom's Pawn Shop, Woodrow C. Holman III d/b/a Woody's Pawn Shop, Virginia Firearms & Transfers, Inc., Defendants.

United States Court of Appeals, Second Circuit.

Decided: May 4, 2011.

Final Submission: April 20, 2010.

Attorney(s) appearing for the Case

Frederick A. Brodie ( Kenneth W. Taber , of counsel), Pillsbury Winthrop Shaw Pittman, LLP, New York, N.Y.; Eric Proshansky , Assistant Corporation Counsel ( Richard J. Costa , Ari Biernoff , of counsel), for Michael A. Cardozo , Corporation Counsel of the City of New York, New York, N.Y., for Plaintiff-Appellee City of New York.

Justin S. Kahn , Kahn Law Firm, Charleston, S.C., for Defendant-Appellant Mickalis Pawn Shop, LLC.

John F. Renzulli ( Scott C. Allan , of counsel), Renzulli Law Firm, LLP, White Plains, N.Y., for Defendant-Appellant Adventure Outdoors, Inc.

Before: SACK and WESLEY, Circuit Judges, and EATON, Judge.

SACK, Circuit Judge:

These appeals present what appear to be two issues of first impression in this Circuit. First, whether a defendant who repeatedly moves to dismiss for lack of personal jurisdiction, but then withdraws from the litigation after those motions are denied, is permitted to attack an ensuing default judgment on the grounds that it is void for lack of personal jurisdiction. Second, whether a federal district court may exercise personal jurisdiction over...

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