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Judge reserves Rule 60 decision, places charging-order hold after billion-dollar default dispute
Summary
The court reserved ruling on a Rule 60 motion to set aside a March default judgment but ordered a charging-order mechanism to preserve money potentially payable to a defendant’s new LLC; parties were given time to file supplemental materials and set a contested hearing date.
In a commercial post-judgment dispute, the court considered a Rule 60 motion seeking relief from a default judgment entered earlier in the year. Plaintiff National Electrical Company argued the defendant, All About Electric (Gary), had received substantial payments from a contractor and that a charging order was necessary to prevent dissipation of funds. Defense counsel argued excusable neglect and offered verified affidavits and a proposed answer and counterclaim.
After listening to argument and reviewing exhibits and bank records referenced by plaintiff counsel, the judge said a reserved ruling on the Rule 60 motion was appropriate but ordered a charging-order hold so funds that might be collectible would be preserved pending a full hearing. The court set a schedule for briefing and proposed a hearing date in mid-August to permit each side to prepare and to let the judge who originally heard the matter or another judge handle the Rule 60 motion if practical.
Provenance: commercial docket and Rule 60 argument (topicintro: SEG 4010; topfinish: SEG 4684).
Speakers quoted or referenced (whitelist): Greg Oakley (plaintiff counsel), defense counsel, Chair (presiding judge), plaintiff representative.
