Clear Finance Technology Corporation v. I&L Distributing Inc.
- Vyskocil
- 1:22-cv-00550
- U.S. District Court · Southern District of New York
- 3
In Clear Finance v. I&L Distributing, Judge Vyskocil granted counsel’s request to attend a default-judgment hearing remotely and required service on the defendant.
Clear Finance Technology Corporation’s attorney was permitted to attend the scheduled default-judgment hearing by telephone; counsel was required to serve the order on I & L Distributing Inc. and file proof of service.
What happened
Clear Finance Technology Corporation asked to appear remotely at a January 9, 2023 hearing on its motion for default judgment against I & L Distributing Inc.
The request was made by Clear Finance’s attorney, Benjamin H. Brodsky, who said he lived and practiced in Miami-Dade County, Florida, and had another court appearance that morning. He asked to participate by telephone or Zoom to preserve client resources and accommodate the scheduling conflict.
In Clear Finance Technology Corporation v. I & L Distributing Inc., Judge Mary Kay Vyskocil granted the request. The order allowed counsel to appear by telephone and required Clear Finance’s counsel to serve the order on I & L Distributing and file proof of service by December 28, 2022.
The detailed version
- Clear Finance Technology Corporation v. I&L Distributing Inc. · No. 1:22-cv-00550
- Vyskocil
- Dec. 22, 2022
Background
Clear Finance Technology Corporation, the petitioner, had a hearing scheduled for January 9, 2023, concerning its motion for default judgment against I & L Distributing Inc. The hearing was scheduled for 11:30 a.m. in Courtroom 18C at 500 Pearl Street in New York, New York.
Motion
Clear Finance’s attorney, Benjamin H. Brodsky, asked for permission to attend the hearing by telephone or Zoom. He stated that he lived and practiced in Miami-Dade County, Florida, and that he was also scheduled to attend a 9:30 a.m. calendar call in another local case on January 9. He said he would remain available for the 11:30 a.m. hearing but argued that these circumstances supported remote participation.
Ruling
The court granted the request of Clear Finance’s counsel to appear remotely. The order specified that counsel could appear by telephone using the listed access number and code. It also required counsel to serve the order on I & L Distributing Inc. and file proof of service by December 28, 2022. The order addressed remote attendance only; the opinion text does not decide the motion for default judgment itself.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.