IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION
| PILIEROMAZZA PLLC
Plaintiff, v. DREAMOGAWA, INC., et al Defendants. |
Case No.: 2022-CAB-005589
|
MOTION TO VACATE DEFAULT JUDGMENT
COMES NOW, Defendants Minoru Ogawa and Yumiko Nakano Stegner, pro se, and move this Court pursuant to Superior Court Rule of Civil Procedure 55(c)(2) to vacate the Default Order entered on March 3, 2023. In support thereof, states as follows:
PROCEDURAL BACKGROUND
Plaintiff commenced this case by filing the Complaint on December 2, 2022. Plaintiff then perfected service to Defendants on December 9th and 20th, 2022.
On January 11, 2023, Plaintiff requested that the Clerk of Court enter an Order of Default against Defendants for their failure to answer or otherwise plead to the Complaint. On March 3, 2023, this matter came before the Court for an initial scheduling hearing. On the same day, the Court issued an Order granting Plaintiff’s Request for Default Judgment.
Defendants were unable to file a responsive pleading because they still have not found an attorney to represent them in the case.
ARGUMENTS
- Standard of Review
“A motion to vacate a default judgment is addressed to the sound discretion of the trial court, the exercise of which will not be disturbed on appeal except for abuse.” Citizens Building Loan Association v. Shepard, D.C.App., 289 A.2d 620 (1972).
- This case should be decided on its merits
“A strong judicial policy favors deciding cases on their merits rather than by default judgment.” Hawkins v. Lynnhill Condominium Unit Owners Ass’n, 513 A.2d 242, 244 (D.C. 1986).
Defendants’ failure to file a responsive pleading was not intentional. Defendants are searching for an attorney to represent them in this case. Besides, a corporation or a partnership cannot be represented by a pro se litigant. Defendants therefore needed to obtain an attorney to represent Defendant Dreamogawa Inc.
Next, Defendants aver that there is no prejudice to the Plaintiff if this Court grants this motion.
Defendants have defenses to Plaintiff’s Complaint. After Defendants lost the case for which the Plaintiff offered their services, Defendants first paid off to the other party in said case. Defendants are currently running the restaurant and had a hard time during the Covid pandemic. During the pandemic, Defendants were trying to meet the payment to the other party. Once they finished the payment, they started paying off the Plaintiff herein the owing attorney fees every month. Unfortunately, Defendants missed the payment a couple months and Plaintiff filed the instant action. This Court should note that after Plaintiff filed the instant case, Defendants were still continuing to make payment. Defendants will file a written Answer, in response to the Complaint.
CONCLUSION
WHEREFORE, Defendants Minoru Ogawa and Yumiko Nakano Stegner pray that this Honorable Court enter an appropriate Order reversing the Default Judgment entered on March 3, 2023. Plaintiff also requests this Court provide a Japanese interpreter in court, and that the hearing for this motion be held in person. Plaintiff lastly prays this Honorable Court grants any other relief that the Court deems just.
DATED: _______________
Respectfully submitted,
________________
Minoru Ogawa
________________
Yumiko Nakano Stegner
CERTIFICATE OF MAILING
Defendants affirm that a copy of the above was served upon the Plaintiff to this action by electronic and/or U.S. mail to their respective address as stated below:
Healy, Matthew T
Retained
202-857-0200(F)
202-857-1000(W)
PILIEROMAZZA PLLC
1001 G Street, N.W., Suite 1100
Washington, DC 20001
________________
Minoru Ogawa
________________
Yumiko Nakano Stegner
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