Every litigator has experienced a technology hiccup at an inconvenient moment. But courts have made clear that vague references to “technical difficulties” will not excuse a failure to appear—and once a default judgment is entered, vacating it is an uphill battle. The recent case of Chen Dongwu v New York City Regional Ctr. LLC offers a practical reminder of what courts expect from litigants, particularly those proceeding pro se, when it comes to managing their calendar and communicating with the court.
Background
A group of Chinese nationals that participated in the United States EB-5 Immigrant Investor Program (the “Program”) commenced an action against Defendant New York City Regional Center LLC (“NYCRC”). One plaintiff, Linda Han, consented to the withdrawal of his attorney in March 2023. After the withdrawal, plaintiff received two notices of virtual court appearances but failed to appear at either one. The court entered a default judgment, and plaintiff subsequently moved to
