Castillo v. El San Juan City Island on 5th Ave LLC
- Gabriel Gorenstein
- 1:21-cv-02824
- U.S. District Court · Southern District of New York
- 3
In Castillo v. “El San Juan” City Island on 5th Ave LLC, Judge Woods found the company in default after repeated nonappearances but did not enter judgment.
The order directly affected “El San Juan” City Island on 5th Ave LLC, which was found in default, and Manuel Vidal and Josefina Vidal, who were ordered to attend a later conference and warned that nonattendance could lead to default and judgment.
What happened
Castillo v. “El San Juan” City Island on 5th Ave LLC concerns a January 11, 2024 court conference that the defendants and their representatives did not attend. The court had previously ordered Manuel Vidal and Josefina Vidal to appear themselves if they did not have individual counsel.
The court noted that the defendants had also failed to appear at three earlier conferences or hearings. It scheduled another in-person conference for February 5, 2024 and warned that Manuel Vidal and Josefina Vidal could be found in default and have judgment entered against them if they failed to attend. The court also explained that the corporate defendant could not represent itself in federal court and needed a licensed lawyer.
Judge Gregory H. Woods found “El San Juan” City Island on 5th Ave LLC in default because no lawyer had entered an appearance for it. He directed the Clerk of Court to enter a certificate of default against the company and to mail the order to Manuel Vidal and Josefina Vidal. The order did not enter judgment against the company or the individual defendants.
The detailed version
- Castillo v. El San Juan City Island on 5th Ave LLC · No. 1:21-cv-02824
- Gabriel Gorenstein
- Jan. 11, 2024
Background
The court held an in-person conference on January 11, 2024. Its earlier orders had required Manuel Vidal and Josefina Vidal to attend personally if they did not have lawyers representing them individually. Those orders warned that failing to attend could result in a finding of default and entry of judgment against them.
The opinion states that the defendants did not attend the January 11 conference, and that no representative attended for them. It also states that the defendants had failed to appear at conferences on May 16, 2022, and June 1, 2022, and had initially failed to appear at an April 13, 2022 hearing until the court called them by telephone. The court described the January 11 absence as the defendants’ fourth failure to appear.
Corporate Representation
The court reiterated that “El San Juan” City Island on 5th Ave LLC could not proceed without licensed counsel. A corporation cannot appear in federal court through a non-lawyer representative. The court had previously expected to enter a default judgment against the company if counsel did not appear by December 16, 2023. No notice of appearance had been filed for the company.
Ruling and Effect
The court ordered the parties to attend another in-person conference on February 5, 2024. It again stated that Manuel Vidal and Josefina Vidal would have to appear themselves to litigate without lawyers if individual counsel had not appeared, and warned that their failure to attend would result in a finding of default and entry of judgment against them.
Judge Gregory H. Woods found “El San Juan” City Island on 5th Ave LLC in default. He directed the Clerk of Court to enter a certificate of default against the company and to mail a copy of the order to Manuel Vidal and Josefina Vidal. The order did not itself enter a default judgment. The opinion does not decide the underlying claims.
Disposition
The order was a procedural order addressing attendance, representation, and default. The corporate defendant was found in default, and a certificate of default was ordered entered; the individual defendants received another conference date and warnings about possible future default and judgment.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.