Hong v. Mommy's Jamaican Market Corp.
- Lewis Liman
- 1:20-cv-09612
- U.S. District Court · Southern District of New York
- 1
In Hong v. Mommy’s Jamaican Market, Judge Liman scheduled a hearing on Hong’s motion challenging an order that vacated a default judgment.
Sun Yeul Hong and defendants Mommy’s Jamaican Market Corp., Kap Won Kim, Myong Su Kim, and Dae Kyu Kim.
What happened
In Hong v. Mommy’s Jamaican Market Corp., Sun Yeul Hong asked the court to set aside its December 22, 2021 order vacating the entry of default judgment.
The court scheduled an evidentiary hearing and oral argument for May 18, 2023. It directed each party to submit a letter by May 16 describing any evidence the party intended to present. The parties would not be allowed to argue their pending partial summary-judgment motion at that hearing.
Judge Lewis J. Liman’s order did not decide Hong’s motion. It set procedures for addressing disputed factual issues and scheduled the hearing.
The detailed version
- Hong v. Mommy's Jamaican Market Corp. · No. 1:20-cv-09612
- Lewis Liman
- May 10, 2023
Background
Sun Yeul Hong filed a motion asking the court to set aside its December 22, 2021 order, which had vacated the entry of default judgment. The opinion states that Hong did not describe the motion as one brought under Rule 60(b), the federal rule governing certain requests for relief from a judgment or order. The court said that principles applicable to Rule 60(b) motions supported holding a hearing on disputed factual issues here as well.
Order
The court scheduled an evidentiary hearing and oral argument on Hong’s motion for May 18, 2023, at 2:00 p.m. in Courtroom 15C of the Daniel Patrick Moynihan United States Courthouse. Each party had to file a letter by 5:00 p.m. on May 16 identifying any evidence the party intended to present at the hearing.
The court also stated that the parties would not be permitted to make argument concerning the pending partial motion for summary judgment. The order scheduled further proceedings and did not grant or deny Hong’s motion to set aside the earlier order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.