Farez v. Pinery Cleaners Inc.
- Vernon Broderick
- 1:22-cv-06728
- U.S. District Court · Southern District of New York
- 2
In Farez v. Pinery Cleaners Inc., Judge Broderick entered default against defendants after they failed to answer or appear, referring damages to a magistrate judge.
Pinery Cleaners Inc. and Won K. Cho were subject to the entry of default. Luis Farez's case was referred to Magistrate Judge Stewart D. Aaron for an inquest on damages.
What happened
Luis Farez sued Pinery Cleaners Inc. and Won K. Cho, also known as James Cho. The defendants were served, but they did not answer the complaint or file a notice showing that a lawyer had appeared for them. The court also noted that a corporation must be represented by a lawyer.
The court held a hearing requiring the defendants to explain their failure to respond. Neither defendant appeared. The court entered a default against Pinery Cleaners and Cho and sent the case to a magistrate judge to determine damages.
Judge Vernon S. Broderick issued the April 14, 2023 order. The order did not decide the amount of damages or state the outcome of the underlying claims.
The detailed version
- Farez v. Pinery Cleaners Inc. · No. 1:22-cv-06728
- Vernon Broderick
- Apr. 14, 2023
Background
Luis Farez brought the action individually and on behalf of others similarly situated against Pinery Cleaners Inc., doing business as Madison Cleaners/Crown Cleaners, and Won K. Cho, also known as James Cho. The complaint was filed on August 8, 2022. The opinion states that Pinery Cleaners and Cho were served on October 31, 2022, and November 2, 2022, respectively.
The defendants did not answer the complaint, and the time to answer or make a motion had expired. The court held an order-to-show-cause hearing on April 13, 2023. The defendants did not appear, and no notice of appearance had been filed. The court also stated that a corporate defendant must be represented by counsel and that no lawyer had appeared for Pinery Cleaners.
Ruling
The court ordered that a default be entered against Pinery Cleaners Inc. and Won K. Cho. A default is a procedural entry based on a party's failure to respond; this order did not enter a final judgment or decide the amount of damages. The court further ordered that the action be referred to Magistrate Judge Stewart D. Aaron for an inquest on damages, meaning a proceeding concerning damages.
Disposition
Default was entered against both defendants, and the case was referred for an inquest on damages. The opinion does not state the underlying claims, the amount of damages sought, or the result of the damages proceeding.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.