H&H Metals Corp. v. Bernadet
- Lorna Schofield
- 1:23-cv-10640
- U.S. District Court · Southern District of New York
- 2
In H&H Metals v. Ernesto Bernadet, Judge Schofield adjourned the hearing and denied arbitration and stay motions without prejudice to renewal.
The order directly affects Ernesto Bernadet and AMA Resources Inc., whose hearing was postponed and whose arbitration and stay motions were denied without prejudice to renewal; it also affects H&H Metals Corp. and defense counsel.
What happened
H&H Metals Corp. v. Ernesto Bernadet et al. concerns a scheduled hearing about H&H Metals Corp.’s proposed default judgment against Ernesto Bernadet and AMA Resources Inc. Bernadet, who was representing himself, submitted a filing requesting more time to obtain lawyers and asking the court to require arbitration and pause the case.
The court moved the hearing from November 4, 2025, to January 13, 2026, at 3:15 p.m., and ordered defense counsel to appear by January 6, 2026. The court also denied the requests to require arbitration and pause the case, but allowed the defendants to renew those requests later.
Judge Lorna G. Schofield issued the order on October 30, 2025. The order directs defense counsel to say whether the defendants intend to renew the motions and instructs the Clerk of Court to mail the order to Bernadet and AMA Resources Inc.
The detailed version
- H&H Metals Corp. v. Bernadet · No. 1:23-cv-10640
- Lorna Schofield
- Oct. 30, 2025
Background
A hearing concerning H&H Metals Corp.’s proposed default judgment against Defendants Ernesto Bernadet and AMA Resources Inc. was scheduled for November 4, 2025. Bernadet, appearing without a lawyer, sent the court a filing by email on October 29, 2025. The filing requested a 90-day postponement so the defendants could obtain counsel, and also included motions to compel arbitration and to stay, or pause, the proceedings.
Court’s action
The court adjourned the show-cause hearing to January 13, 2026, at 3:15 p.m. The hearing was set to occur in person at the Thurgood Marshall United States Courthouse in the Southern District of New York, although counsel facing certain location or hardship issues could request a remote appearance. The court ordered defense counsel to appear by January 6, 2026.
The portions of Bernadet’s motion seeking to compel arbitration and stay the proceedings were denied without prejudice to renewal. When defense counsel appears, counsel must state whether the defendants intend to renew those motions. The Clerk of Court was directed to mail the order to Bernadet and AMA Resources Inc. at the addresses stated in the order. Judge Lorna G. Schofield did not decide the proposed default judgment in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.