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S.D.N.Y.Procedural orderFiled May 11, 2021

Vega v. Trinity Realty Corp.

Judge
Richard Sullivan
Docket
1:14-cv-07417
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureEvidence
In one sentence

In Vega v. Trinity Realty Corp., Circuit Judge Sullivan ordered a hearing on Phil Phan’s request to vacate a default judgment.

Who this affects

Defendant Phil Phan and the other parties were affected by the hearing date, filing deadline, and interpreter requirement.

What happened

In Vega v. Trinity Realty Corp., defendant Phil Phan asked for an evidentiary hearing related to his motion to vacate a default judgment entered against him in 2015. The order does not identify the underlying claims or explain how the judgment was entered.

The court ordered the hearing for May 27, 2021, at 10:00 a.m., in Courtroom 15A at the Daniel Patrick Moynihan Courthouse in New York. The parties had to submit witness and exhibit lists, along with other materials concerning Phan’s motion, by May 17, 2021. Any party needing an interpreter had to provide one.

Circuit Judge Richard J. Sullivan, sitting by designation, issued the order on May 11, 2021. The order scheduled the hearing and set preparation requirements; it did not decide whether the default judgment would be vacated.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Vega v. Trinity Realty Corp. · No. 1:14-cv-07417
Judge
Richard Sullivan
Date
May 11, 2021

Background

Defendant Phil Phan submitted a letter requesting an evidentiary hearing in connection with his motion under Federal Rule of Civil Procedure 60(b) to vacate the default judgment entered against him in 2015. The order refers specifically to Phan’s Rule 60(b)(4) motion, but it does not explain the basis of that motion or the underlying dispute.

Court’s Order

The court ordered that an evidentiary hearing would take place on Thursday, May 27, 2021, at 10:00 a.m. in Courtroom 15A at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. The parties were ordered to submit a witness list, an exhibit list, and all other materials relating to the Rule 60(b)(4) motion by Monday, May 17, 2021.

The court also stated that any party needing an interpreter had to provide its own interpreter because the court’s interpreters were not available for civil matters.

What the Order Decided

Judge Richard J. Sullivan, a United States Circuit Judge sitting by designation, scheduled the evidentiary hearing and established deadlines and hearing requirements. The order did not rule on the merits of Phan’s motion to vacate the default judgment and did not state whether the judgment would be vacated.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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