Atlantic Specialty Insurance Company v. COSCO Shipping Lines Co., Ltd.
- Rochon
- 1:21-cv-04878
- U.S. District Court · Southern District of New York
- 3
In Atlantic Specialty Insurance Company v. JAJAY MOTO, Judge Rochon denied two default-judgment motions as moot, adjourned the hearing, and scheduled case management.
The plaintiffs’ default-judgment motions were denied as moot; the defendants’ appearance allowed the case to proceed toward case management, and all parties’ counsel were given conference and filing requirements.
What happened
In Atlantic Specialty Insurance Company a/s/o BLI International, Inc. and BLI International, Inc. d/b/a Allegiant Health v. JAJAY MOTO, Inc. and MA KAM FUNG, the plaintiffs had asked the court to enter judgment because the defendants had not appeared. The opinion does not describe the underlying claims.
Before the scheduled hearing, the defendants’ lawyer appeared and told the court that the parties had discussed continuing the case. The plaintiffs agreed to withdraw their default-judgment motions, and the defendants asked to postpone the hearing.
Judge Jennifer L. Rochon denied the two default-judgment motions as moot and adjourned the hearing. She also ordered counsel to attend a February 23, 2023 case-management conference and to file a joint status letter and proposed schedule beforehand.
The detailed version
- Atlantic Specialty Insurance Company v. COSCO Shipping Lines Co., Ltd. · No. 1:21-cv-04878
- Rochon
- Jan. 31, 2023
Background
Atlantic Specialty Insurance Company, acting for BLI International, Inc., and BLI International, Inc. d/b/a Allegiant Health were the plaintiff and intervenor plaintiff. The opinion states that they filed motions for default judgment on January 6, 2023. A default judgment is a judgment requested against a party who has not appeared or defended the case. The opinion does not describe the underlying claims or defenses.
On January 26, 2023, counsel for JAJAY MOTO, Inc. and MA KAM FUNG filed a notice of appearance. On January 30, the defendants reported that they had contacted the plaintiffs about proceeding with the litigation. They stated that the plaintiffs consented to withdrawing the default-judgment motions and asked the court to adjourn the February 16 hearing.
Rulings and case-management requirements
The court denied the default-judgment motions at ECF Nos. 75 and 73 as moot, based on the defendants’ appearance and the representation that the plaintiffs consented to withdrawal. The court also adjourned the February 16 default-judgment hearing. The order does not state that the court entered judgment on the underlying claims or formally granted a withdrawal.
Judge Jennifer L. Rochon ordered counsel for all parties to appear for a case-management conference on February 23, 2023, at 11:00 a.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse in New York, New York. Counsel were directed to confer about settlement and other subjects covered by Federal Rule of Civil Procedure 16. No later than seven calendar days before the conference, the parties had to file a joint letter and a proposed civil case-management plan and scheduling order.
The joint letter was limited to three pages and had to address the nature of the action and principal defenses, jurisdiction and venue, existing deadlines, outstanding motions, completed and needed discovery, prior settlement discussions, possible alternative dispute-resolution methods, and other information useful to advancing the case. The order also addressed procedures for seeking another adjournment, notifying parties or counsel who had not appeared, and filing proof of notice. The Clerk was directed to terminate ECF Nos. 73 and 75.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.