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- REVISED ORDER MI MEXICO MINI MARKET & GROCERY INC. VACATING DEFAULT (d/b/a MI MEXICO MEAT MARKET), CECILIO JUDGMENT 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 all Defendants, see Dkt. 38; and WHEREAS, on December 31, 2024, Defendant Cecilio Lezama moved this Court to vacate the default judgment entered against him 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 Defendant Cecilio Lezama’s motion to vacate the default judgment entered against him, 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,

(2d Cir. 1993), the Court finds that relief from the default judgment entered against Defendant Cecilio Lezama is justified; IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that the default judgment entered against Defendant Cecilio Lezama is VACATED. The Clerk of Court is respectfully directed to vacate the Court’s earlier Order at Dkt. 50 because it erroneously applied to all Defendants. Dated: January 27, 2025 New York, New York SO ORDERED. gbanafec Kickin United States District Judge