D’Arrigo Bros. Co. of New York v. Broadway Fruit Market LLC
D’Arrigo Bros. Co. of New York, Inc. v. Broadway Fruit Market LLC, Chang Dong Kim and Hyun Kim
- Vargas
- 1:25-cv-06016
- U.S. District Court · Southern District of New York
- 2
D’Arrigo Bros. v. Broadway Fruit, Judge Vargas, scheduled briefing and a hearing but did not yet decide the motion for default judgment.
D’Arrigo Bros. Co. of New York, Inc.; Broadway Fruit Market LLC; Chang Dong Kim; and, regarding the voluntary dismissal, Hyun Kim.
What happened
In D’Arrigo Bros. Co. of New York, Inc. v. Broadway Fruit Market LLC, D’Arrigo Bros. asked for a default judgment against Broadway Fruit Market LLC and Chang Dong Kim after they failed to respond to the complaint. The court explained that a default judgment could result in liability and money damages.
The court ordered those defendants to submit opposition papers by December 1, 2025, or request more time. It also warned Broadway Fruit Market LLC that it must appear through a licensed lawyer. Plaintiff separately dismissed its claims against Hyun Kim without prejudice and without costs to either side.
Judge Jeannette A. Vargas scheduled a December 22, 2025 hearing on whether to grant default judgment and ordered Plaintiff to serve the motion and this order on the defendants by overnight courier. The court did not yet grant or deny the default-judgment motion.
The detailed version
- D’Arrigo Bros. Co. of New York v. Broadway Fruit Market LLC · No. 1:25-cv-06016
- Vargas
- Nov. 6, 2025
Background
On October 9, 2025, Plaintiff filed a motion under Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(c) seeking a default judgment against Broadway Fruit Market LLC and Chang Dong Kim. A default judgment is a ruling in favor of a plaintiff because a defendant did not respond to the complaint. The court explained that such a judgment could provide some or all of the relief requested and could include money damages.
On October 17, 2025, Plaintiff voluntarily dismissed all claims against Hyun Kim, without prejudice and without costs to either side.
Order
The court ordered Broadway Fruit Market LLC and Chang Dong Kim to submit opposition papers by December 1, 2025, or request an extension. The order stated that Chang Dong Kim could email opposition papers to the court’s pro se filing address if Kim did not have an attorney. It also provided filing options by mail or in person.
The court cautioned Broadway Fruit Market LLC that a corporation may appear in federal court only through licensed counsel and that repeated failure to appear through counsel can lead to a default judgment.
Hearing and Service Requirements
The court ordered the defendants to appear on December 22, 2025, at 11:30 a.m. for a hearing concerning why an order granting default judgment should not be entered against them. The court also ordered Plaintiff, within one business day, to serve the defendants by overnight courier with the default-judgment motion, its supporting papers, and the order. Plaintiff had to file proof of service within two business days after service.
Judge Jeannette A. Vargas scheduled the briefing and hearing; the order did not grant or deny the default-judgment motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.