Lim v. AY Creative, Inc.
- Jesse Furman
- 1:24-cv-05530
- U.S. District Court · Southern District of New York
- 1
In Lim v. AY Creative, Judge Furman ordered plaintiffs to address next steps after all defendants but Andrew Koh were dismissed.
The order affects the plaintiffs and Andrew Koh, the remaining defendant against whom the court had entered default judgment as to liability only.
What happened
In Lim v. AY Creative, Inc., the court said the case had been dismissed against every defendant except Andrew Koh. The opinion does not explain the reasons for those dismissals.
The court had previously entered a default judgment against Koh on liability only. The court ordered the plaintiffs to file a letter about the next steps by June 11, 2025.
Judge Jesse M. Furman also said that, if the plaintiffs sought judgment against Koh, they must submit a proposed judgment and any applicable interest calculations. Any request for prejudgment interest had to explain the legal basis for awarding it on the state-law and federal claims.
The detailed version
- Lim v. AY Creative, Inc. · No. 1:24-cv-05530
- Jesse Furman
- June 4, 2025
Background
The action had been dismissed against all defendants except Andrew Koh. The court had previously entered default judgment against Koh as to liability only, meaning the court had determined his liability but had not yet entered a final judgment resolving the remaining relief.
Order
The court ordered the plaintiffs to file a letter addressing the next steps in the case no later than June 11, 2025. If the plaintiffs believed judgment should be entered against Koh, they also had to submit a proposed judgment with any applicable interest calculations.
If the plaintiffs intended to seek prejudgment interest, the proposed judgment had to be accompanied by a letter explaining the statutory basis for awarding that interest as to their state-law and federal claims. The order cited an earlier decision that awarded prejudgment interest on a state-law fraud claim but not on trebled damages under the Racketeer Influenced and Corrupt Organizations Act.
Disposition
The court issued an order about further proceedings after the prior dismissals and liability-only default judgment. It did not state that it was entering final judgment against Koh in this order. Judge Jesse M. Furman signed the order on June 4, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.