Pareja v. 184 Food Corp.
- Stewart Aaron
- 1:18-cv-05887
- U.S. District Court · Southern District of New York
- 2
Pareja v. 184 Food Corp.: Judge Aaron reset filing deadlines for default judgment, settlement information, and a crossclaim default certificate.
Jose Pareja, the defendants that had not appeared, the appearing defendants 0113 Food Corp., Giovanni Marte, Gustavo Marte, and Jose Marte, and 184 Food Corp. in connection with the crossclaim.
What happened
In Pareja v. 184 Food Corp., the court said the parties had not met earlier deadlines concerning a renewed request for default judgment, settlement approval, and a crossclaim against 184 Food Corp.
The court ordered the plaintiff to file a renewed default-judgment motion by November 17, 2020. The plaintiff and appearing defendants had to file a joint letter or motion explaining whether their settlement was fair and reasonable, including information about the claims, defenses, settlement value, negotiations, attorney fees, and the settlement agreement itself.
Judge Stewart D. Aaron also ordered the appearing defendants to seek a Clerk’s certificate of default on their crossclaim against 184 Food Corp. by November 17, 2020. The order did not approve the settlement or decide the default-judgment motion.
The detailed version
- Pareja v. 184 Food Corp. · No. 1:18-cv-05887
- Stewart Aaron
- Nov. 10, 2020
Background
The court had previously ordered the plaintiff to file a renewed motion for default judgment against defendants that had not appeared. It also had ordered the plaintiff and the appearing defendants—0113 Food Corp., Giovanni Marte, Gustavo Marte, and Jose Marte—to file a motion seeking approval of their settlement. The appearing defendants were separately ordered to seek a Clerk’s certificate of default concerning their crossclaim against 184 Food Corp.
The parties did not meet those deadlines.
Orders
The court ordered the plaintiff to file the renewed default-judgment motion no later than November 17, 2020.
The court also ordered the plaintiff and the appearing defendants to file a joint letter or motion addressing whether the settlement was fair and reasonable. The filing had to discuss the claims and defenses, the defendants’ possible financial exposure and the basis for calculating it, the strengths and weaknesses of the case and defenses, reasons for any difference between the possible value of the claims and the settlement amount, the litigation and negotiation process, and other relevant issues, including whether a judgment would be collectible if the case went to trial.
The filing also had to explain the attorney-fee arrangement, include the retainer agreement, provide information about the attorneys’ hours and relevant experience, and attach the settlement agreement.
Finally, the court ordered the appearing defendants to seek a Clerk’s certificate of default on their crossclaim against 184 Food Corp. by November 17, 2020.
Disposition
Judge Stewart D. Aaron entered an order setting these new deadlines. The opinion does not state that the court approved the settlement, ruled on the renewed default-judgment motion, or issued a certificate of default.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.