LG Capital Funding, LLC v. Hangover Joe's Holdings Corp.
- Denise Cote
- 1:21-cv-05584
- U.S. District Court · Southern District of New York
- 2
In LG Capital Funding v. Hangover Joe’s Holdings, Magistrate Judge Aaron set response and service deadlines while deferring a default-judgment decision.
LG Capital Funding, LLC and Hangover Joe’s Holdings Corp.; the order required the defendant to respond, required the plaintiff to complete service and file proof of service, and set possible procedures for deciding damages.
What happened
LG Capital Funding, LLC asked for a default judgment against Hangover Joe’s Holdings Corp. The court had referred that request to Magistrate Judge Stewart D. Aaron for a decision.
The order required Hangover Joe’s Holdings Corp. to respond by February 28, 2022, and required LG Capital Funding, LLC to mail the order and its motion papers to the defendant and file proof of service.
The court did not decide the default-judgment motion. Magistrate Judge Aaron said the court might decide any damages based only on written submissions, unless a party explained why a hearing was needed and identified the witnesses and evidence it would present.
The detailed version
- LG Capital Funding, LLC v. Hangover Joe's Holdings Corp. · No. 1:21-cv-05584
- Denise Cote
- Jan. 25, 2022
Background
LG Capital Funding, LLC filed a motion for default judgment against Hangover Joe’s Holdings Corp. An earlier order referred the motion to United States Magistrate Judge Stewart D. Aaron for disposition.
Order
The court ordered Hangover Joe’s Holdings Corp. to file any response to the motion by Thursday, February 28, 2022. It also ordered LG Capital Funding, LLC to serve the order and specified motion papers on the defendant by mail at the address listed in the affidavit of service, and to file proof of service afterward.
The court notified the parties that it might conduct the damages inquiry based only on their written submissions. A party seeking an evidentiary hearing on damages had to explain why written submissions would not be sufficient, identify the witnesses it would call, and describe the evidence it would present.
Disposition
The order set procedural deadlines and explained how the court might handle damages. It did not grant or deny the motion for default judgment and did not decide the amount of damages. The order was signed by Judge Stewart D. Aaron.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.