Maybe but not likely. I would say 50\50 at best. The question will come down to whether denying them the right to appear at the damages hearing is a due process right that is being denied. The problem with granting that is that it may even be more prejudicial to GDSI since what they will be producing are probably documents that were requested in discovery but were never produced.
Maybe you should ask PHENIX to research the case law in the federal courts.
Rontan had many opportunities to submit documents to support a defense of damages during discovery. They proceeded to ignore court orders and failed to produce any required documents or accounting. Pretty much the reasons the Judge issued the default judgement in the first place as noted in his final order for judgement. The default judgement encompasses all these issues in the ruling, it was not only because Rontan failed to retain new council.
IMO there is maybe a 5-10% chance the hearing is allowed, the hearing would require Rontan to provide all the documentation that they have already been ordered to provide and failed to do. IMO there is zero chance the default judgement is set aside.
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