Ortega Juarez v. Mi Mexico Mini Market & Grocery Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RUBEN ORTEGA JUAREZ, individually and on behalf of others similarly situated, Plaintiffs, Case No. 1:23-cv-06978 (JLR) (SDA) -against- ORDER VACATING MI MEXICO MINI MARKET & GROCERY INC. DEFAULT JUDGMENT (d/b/a MI MEXICO MEAT MARKET), CECILIO LEZAMA, RENE LEZAMA, and JAEL LEZAMA, Defendants.

JENNIFER L. ROCHON, United States District Judge: WHEREAS, on January 26, 2024, default judgment was entered in favor of Plaintiffs and against Defendants, see Dkt. 38; and WHEREAS, on December 31, 2024, Defendants moved this Court to vacate the default judgment entered against them pursuant to Federal Rule of Civil Procedure (“Rule”) 60, see Dkts. 41-42; and WHEREAS, the Court “may set aside a final default judgment under Rule 60(b),” Fed. R. Civ. P. 55(c), for “mistake, inadvertence, surprise, or excusable neglect,” Fed. R. Civ. P. 60(b)(1), “fraud . . . , misrepresentation, or misconduct by an opposing party,” Fed. R. Civ. P. 60(b)(3), or “any other reason that justifies relief,” Fed. R. Civ. P. 60(b)(6); and WHEREAS, Plaintiffs do not oppose Defendants’ motion to vacate the default judgment, see Dkt. 48; and WHEREAS, upon consideration of the parties’ submissions, and because the Second Circuit “generally disfavor[s]” default judgment and has expressed a “preference for resolving disputes on the merits,” Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 95-96 (2d Cir. 1993), the Court finds that relief from the default judgment entered against Defendants is justified; IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that the default judgment entered against Defendants is VACATED.

The Clerk of Court is respectfully directed to vacate the default judgment entered against Defendants and any corresponding orders, terminate the motions pending at Dkts. 41 and 42, and reopen the case.

Dated: January 22, 2025 New York, New York SO ORDERED.

United States District Judge