Del Villar v. Hyatt Hotels Corporation
- Jesse Furman
- 1:19-cv-10891
- U.S. District Court · Southern District of New York
- 2
In Del Villar v. Francois, Judge Furman scheduled a hearing on Francois’s request to set aside a default judgment and warned that missing it would lead to denial.
Neil Francois, whose request to set aside the default judgment remained undecided but was subject to a warning that missing the required conference would result in denial.
What happened
In Angela Del Villar v. Neil Francois, the court had already entered a default judgment against Francois after he failed to defend the case. Francois later asked the court to set that judgment aside, saying he had changed his address and never received notice of the proceedings.
The court ordered Del Villar and Francois to attend an in-person conference on June 14, 2023. They must be ready to discuss whether Francois deliberately failed to participate, whether he has a potentially valid defense, and whether setting aside the judgment would harm Del Villar. The court may also consider other fairness-related factors and may require Francois to testify under oath.
Judge Jesse M. Furman did not yet decide whether to set aside the default judgment. He warned that if Francois does not attend the conference, the court will deny his request. The court also ordered that Francois receive the order by mail from the clerk and through service by Del Villar by mail and email.
The detailed version
- Del Villar v. Hyatt Hotels Corporation · No. 1:19-cv-10891
- Jesse Furman
- May 5, 2023
Background
On November 29, 2022, the court granted Angela Del Villar’s motion for a default judgment against Neil Francois. A default judgment is a judgment entered after a defendant fails to participate in the case. The court referred the matter to Magistrate Judge Katharine Parker to determine damages.
On March 20, 2023, Francois asked the court to vacate, or set aside, the default judgment. He stated that he had changed his address on July 1, 2021, and had never received notice of court proceedings. Del Villar opposed the request. Francois did not file a reply.
Court’s Order
The court ordered all parties to appear for an in-person conference on June 14, 2023, at 3:00 p.m. The parties were directed to address the three main factors governing Francois’s request: whether his default was deliberate, whether he has a potentially valid defense, and whether setting aside the default would prejudice Del Villar. The court also said it may consider other fairness-related factors, including whether Francois’s failure resulted from a good-faith mistake and whether maintaining the default would produce a harsh or unfair result.
If necessary or appropriate, Francois may be required to testify under oath, and Del Villar must be prepared to question him. Francois was warned that failing to attend the conference will result in denial of his request to vacate the default judgment.
Service of the Order and Disposition
The court did not rule on the request to vacate the default judgment in this order. Instead, it scheduled the conference and directed that Francois receive the order by mail from the clerk. Del Villar was also ordered to serve Francois by mail at the address in his March 20 letter and by email, then file proof of service by May 12, 2023.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.