Garcia v. J&L Construction LLC
- Ho
- 1:24-cv-05260
- U.S. District Court · Southern District of New York
- 1
In Garcia v. J&L Construction, Judge Ho ordered defendants to oppose and show cause why Garcia’s default-judgment motion should be granted.
Alfonso Garcia and the defendants, including J&L Construction LLC and the other defendants named in the caption. The order particularly affects any corporate defendant because the court cautioned that corporate entities must appear through licensed counsel.
What happened
In Garcia v. J&L Construction LLC, Alfonso Garcia asked the court for a default judgment on January 17, 2025. The opinion does not decide whether that judgment should be entered.
The court ordered the defendants to file any opposition by February 17, 2025, and to appear on February 19, 2025, to explain why the court should not grant the motion. The conference was scheduled to occur by telephone unless the court ordered otherwise.
Judge Dale E. Ho also ordered Garcia to serve the defendants with the order by overnight courier within one business day and to file proof of service within two business days. The order cautioned that companies must appear in federal court through licensed lawyers.
The detailed version
- Garcia v. J&L Construction LLC · No. 1:24-cv-05260
- Ho
- Feb. 4, 2025
Background
On January 17, 2025, Alfonso Garcia filed a motion for a default judgment under Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A default judgment is a judgment that may be entered when a party fails to defend the case. The opinion does not state the underlying claims or explain the defendants’ alleged conduct.
What the Court Ordered
The court ordered the defendants to file any opposition to Garcia’s motion by February 17, 2025. It also ordered the defendants to appear and explain on February 19, 2025, at 11:00 a.m. Eastern time, why the court should not issue an order granting default judgment against them. Unless the court ordered otherwise, the conference would be held remotely by telephone.
The court cautioned that corporate entities may appear in federal court only through licensed counsel and cited authority stating that a default judgment may be entered against a company that repeatedly fails to appear through counsel.
The court further ordered Garcia to serve the defendants with a copy of the order by overnight courier within one business day. Garcia must file proof of service on the docket within two business days after service.
Disposition and Effect
The court did not grant or deny Garcia’s motion for default judgment. Instead, it set an opposition deadline and a show-cause conference, and it imposed service and docket-filing requirements. The order therefore left the default-judgment motion pending.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.