Ortega Juarez et al v. Mi Mexico Mini Market & Grocery Inc. et al
Filing
55
REVISED ORDER VACATING DEFAULT JUDGMENT 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. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/27/2025) (jca)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
RUBEN ORTEGA JUAREZ, individually and on
behalf of others similarly situated,
Plaintiffs,
-againstMI MEXICO MINI MARKET & GROCERY INC.
(d/b/a MI MEXICO MEAT MARKET), CECILIO
LEZAMA, RENE LEZAMA, and JAEL LEZAMA,
Case No. 1:23-cv-06978 (JLR)
(SDA)
REVISED ORDER
VACATING DEFAULT
JUDGMENT
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, 10 F.3d 90, 95-96 (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.
JENNIFER L. ROCHON
United States District Judge
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