Atlantic Specialty Insurance Company v. COSCO Shipping Lines Co., Ltd.
- Rochon
- 1:21-cv-04878
- U.S. District Court · Southern District of New York
- 4
In Atlantic Specialty Insurance v. COSCO Shipping, Judge Rochon warned two defendants about possible default judgment and gave them a chance to respond.
Ma Kam Fung and JaJay Moto Inc., who were notified that plaintiffs had requested a default judgment but had not yet received one.
What happened
Atlantic Specialty Insurance Company v. COSCO Shipping Lines Co., Ltd. involves claims by Atlantic Specialty Insurance Company and BLI International, Inc. against Ma Kam Fung and JaJay Moto Inc. Plaintiffs allege contract, cargo-delivery, negligence, gross-negligence, and bailment violations, and seek money damages.
The court had not entered a default judgment. It notified the defendants that plaintiffs had requested one because they had not participated since their former lawyer withdrew. The defendants could respond by February 3, 2023, and attend a February 16, 2023 hearing about the default-judgment motions.
Judge Jennifer L. Rochon issued the notice and directed that it be mailed to the defendants. The notice also warned that JaJay Moto Inc., as a corporation, could appear in federal court only through a licensed lawyer.
The detailed version
- Atlantic Specialty Insurance Company v. COSCO Shipping Lines Co., Ltd. · No. 1:21-cv-04878
- Rochon
- Dec. 19, 2022
Purpose of the Order
The court issued a notice to Ma Kam Fung and JaJay Moto Inc. explaining that a lawsuit had been filed against them and that plaintiffs had requested a default judgment. The notice did not grant the requested default judgment.
Claims and Requested Damages
Atlantic Specialty Insurance Company and Plaintiff-Intervenor BLI International, Inc. alleged that the defendants breached a contract of carriage and duties as a common carrier, failed to deliver cargo in good condition, acted negligently and with gross negligence, and breached bailment obligations. The notice also states that Ma Kam Fung allegedly exercised complete domination over JaJay Moto Inc., which plaintiffs contend would make Ma Kam Fung personally liable. Atlantic Specialty sought $120,000, and BLI International sought $20,919.96, against each defendant.
Notice and Opportunity to Respond
The court stated that the defendants had not appeared since their former counsel withdrew on February 22, 2022. It explained that a default judgment is a final ruling entered when a defendant fails to take action, and warned that an unpaid judgment could potentially be enforced through attachment, a lien, or garnishment. The court stated that a default judgment had not yet been granted and that the defendants could still participate.
The notice enclosed an order scheduling a hearing for February 16, 2023, at 11:00 a.m. to discuss plaintiffs’ motions for default judgment. It directed the defendants to promptly notify the court and stated that any contact with the court or opposition should be submitted by February 3, 2023. The notice also stated that a corporation may appear in federal court only through licensed counsel.
Disposition
Judge Jennifer L. Rochon issued the notice, directed the Clerk of Court to mail it to Ma Kam Fung and JaJay Moto Inc., and informed them of the opportunity to respond. The opinion text does not state that the court granted or denied the default-judgment motions.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.