Hong v. Mommy's Jamaican Market Corp.

Opinion

USDC SDNY DOCUMENT -UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: Sonnac anne KK DATE FILED:_05/10/2023 SUN YEUL HONG, : Plaintiff, : : 20-cv-9612 (LJL) -v- : : ORDER MOMMY’S JAMAICAN MARKET CORP., KAP WON : KIM, MYONG SU KIM, DAE KYU KIM, : Defendants. : we KX LEWIS J. LIMAN, United States District Judge: Pending before the Court is Plaintiff Sun Yeul Hong’s motion to set aside the Court’s order of December 22, 2021, Dkt. No. 37, vacating the entry of default judgment. See Dkt. No. 83. The Court will hold an evidentiary hearing and oral argument on that motion! on May 18, 2023, at 2:00 p.m. in Courtroom 15C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. Cf Copper Leaf LLC v. Belize Infrastructure Fund I, LLC, 2022 WL 409083, at *2 (S.D.N.Y. Feb. 10, 2022) (“As the Second Circuit has recognized, in the Rule 60(b) context, evidentiary hearings should be held to decide disputes concerning “material issues of fact.’” (quoting Flaks v. Koegel, 504 F.2d 702, 712 (2d Cir. 1974))).? Each party is directed to file a letter no later than 5:00 p.m. on May 16, 2023, detailing the evidence, if any, that such party intends to present during the evidentiary hearing.

SO ORDERED. vo ye Dated: May 10, 2023 tl MOE acres New York, New York LEWIS J. LIMAN United States District Judge

' The parties will not be permitted to make argument with respect to the pending partial motion for summary judgment. Dkt. No. 80. The Court recognizes that Plaintiff does not frame the motion as one brought pursuant to Rule 60(b). As the Court understands it, however, the same principles that would support holding a hearing on disputed issues of fact for motions under Rule 60(b) should also apply here.