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S.D.N.Y.Procedural orderFiled Oct. 4, 2023

Wu v. Sushi Nomado of Manhattan, Inc.

Judge
Vyskocil
Docket
1:17-cv-04661
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Wu v. Sushi Nomado, Judge Vyskocil ordered unrepresented defendants to address representation and scheduled a pretrial conference.

Who this affects

Defendant Wei Loong Chan, Defendant Sushi Nomado of Manhattan, Inc., and the other parties involved in the scheduled pretrial conference and trial.

What happened

Wu v. Sushi Nomado of Manhattan, Inc. was set for trial beginning November 13, 2023. The court observed that Defendant Sushi Nomado of Manhattan, Inc. had no lawyer and had not appeared, while Defendant Wei Loong Chan also had not appeared or retained counsel.

The court ordered Wei Loong Chan to file a letter by October 10 stating whether he intended to proceed without a lawyer. It also ordered new counsel for Sushi Nomado to file a notice of appearance by October 13. The court had not entered default judgments against either defendant because the plaintiffs had not moved for them.

Judge Mary Kay Vyskocil also scheduled a pretrial conference for October 12, 2023, at 11:30 a.m. in Courtroom 18C at the Daniel Patrick Moynihan Courthouse. The order addressed representation and scheduling; it did not decide the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Wu v. Sushi Nomado of Manhattan, Inc. · No. 1:17-cv-04661
Judge
Vyskocil
Date
Oct. 4, 2023

Background

The case was scheduled for trial from November 13 through November 15, 2023. Reviewing the docket, the court found that Defendants Wei Loong Chan and Sushi Nomado of Manhattan, Inc. were not represented by counsel.

An earlier January 17, 2020 order allowed attorneys Jeffrey J. Levine and David Charles Harrison to withdraw from representing several defendants, including Sushi Nomado. Vincent Wong later appeared for other defendants, but not for Sushi Nomado or Wei Loong Chan. The earlier order warned that a corporate defendant could not continue defending itself in federal court without a lawyer and that an individual defendant without counsel would be expected to proceed without a lawyer and follow the court's rules. It also warned that failing to participate could lead to default judgments.

Court’s Orders

The court noted that Sushi Nomado had not appeared or retained counsel, and that Wei Loong Chan had likewise not appeared or retained counsel. The plaintiffs had not moved for a default judgment against either defendant.

The court ordered Wei Loong Chan to file a docket letter by October 10, 2023, stating whether he intended to proceed without a lawyer. It separately ordered new counsel for Sushi Nomado to file a notice of appearance by October 13, 2023.

The court also scheduled a pretrial conference for October 12, 2023, at 11:30 a.m. in Courtroom 18C of the Daniel Patrick Moynihan Courthouse in New York, New York. Judge Mary Kay Vyskocil issued this scheduling and representation order. The opinion did not decide the merits of the plaintiffs’ claims or enter a default judgment.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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