Kim v. E3 Hospitality

Background

Daniella Kim filed this action against E3 Hospitality, LLC, and Elyas Popa on June 3, 2025. The opinion states that Kim purported to serve the defendants on June 17, 2025. Neither defendant had appeared, and the court stated that they appeared to be in default.

Order

The court ordered that, if the defendants did not respond to the complaint or appear by November 7, 2025, Kim had to file any motion for default judgment by November 14, 2025, in accordance with the court’s individual rules and practices. If her counsel submitted calculations supporting such a motion, counsel also had to email native versions of the calculation files to chambers.

Kim had to serve the order on the defendants by first-class mail or in person within two business days and file proof of service within three business days. If she filed a default-judgment motion, she had to serve the motion papers by November 18 and file proof of that service by November 20. The defendants’ opposition would be due November 28.

Other Instructions and Disposition

The court stated that Kim would not need to file a default-judgment motion if the case had been settled or otherwise terminated, as long as the appropriate proof of termination was filed before the scheduled conference. The court further stated that a settlement dismissal under Rule 41 of the Federal Rules of Civil Procedure, including any proposed attorney-fee award, would be reviewed for fairness. In support, it cited a Second Circuit decision concerning court or Department of Labor approval of stipulated dismissals settling claims under the Fair Labor Standards Act.

This was an order scheduling possible default-judgment briefing. Judge Margaret M. Garnett did not enter default judgment, determine liability, award damages, or otherwise decide the merits of Kim’s claims.