Lopez- Delgado v. Machhal J&P Construction Inc et al
| Cristian Lopez- Delgado |
| Machhal J&P Construction Inc and Jita Ram |
| 1:2022cv07173 |
| November 24, 2022 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Pamela K Chen |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| None |
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ORDER: The Motion for Extension of Time to File Answer #10 is granted. Corporate Defendant, Machhal J&P Construction Inc. ("Machhal"), has established that the factors set out in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), namely "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented," weigh in favor of granting the motion. First, Machhal has established that the default was not willful, but rather the result of actual notice of service. See, e.g., Am. Alliance Ins. Co. v. Eagle Ins. Co., 92 F.3d 57, 61 (2d Cir. 1996) (explaining that courts look for "bad faith, or at least something more than mere negligence" to establish willfulness); Courchevel 1850 LLC v. Rodriguez, No. 17-CV-6311, 2019 WL 2233828, at *4 (E.D.N.Y. May 22, 2019) (finding prompt action after default evidenced "an intention and attempt to defend against the action"). Second, Plaintiff does not oppose the motion for an extension of time. And third, Machhal is prepared to promptly file an answer and proceed with litigation, which indicates that a meritorious defense may be present; the Court's preference is to resolve cases on the merits, not on default. See New York v. Green, 420 F.3d 99, 104 (2d Cir. 2005) (noting that the Second Circuit has "expressed a strong preference for resolving disputes on the merits") (quoting Powerserve Int'l, Inc. v. Lavi, 239 F.3d 508, 514 (2d Cir. 2001)). Machhal shall answer, move, or otherwise respond to the Complaint by 2/1/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/17/2023. (MD)
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| Filing 10 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Machhal J&P Construction Inc. (Shillito, Nils) |
| Filing 9 NOTICE of Appearance by Nils C. Shillito on behalf of All Defendants (aty to be noticed) (Shillito, Nils) |
| Filing 8 NOTICE of Appearance by Stephen D. Hans on behalf of All Defendants (aty to be noticed) (Hans, Stephen) |
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Filing 7
SCHEDULING ORDER: A telephonic initial conference will be held at 11:30 A.M. on 03/10/2023 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274; access code is 6534420. Plaintiff is directed to notify defendants' of this scheduling order at the time defendants' make an appearance with in this matter. Counsel are also directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 03/07/2023. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/20/2022. (EM)
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| Filing 6 SUMMONS Returned Executed by Cristian Lopez- Delgado. Machhal J&P Construction Inc served on 11/29/2022, answer due 12/20/2022. (Stillman, Lina) |
| Filing 5 Summons Issued as to Machhal J&P Construction Inc, Jita Ram. (KD) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) |
| Filing 2 CONSENT to Jurisdiction by US Magistrate Judge by Cristian Lopez- Delgado. (Stillman, Lina) . |
| Filing 1 COMPLAINT against Machhal J&P Construction Inc, Jita Ram filing fee $ 402, receipt number ANYEDC-16169291 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Cristian Lopez- Delgado. (Stillman, Lina) (Main Document 1 replaced on 11/27/2022) (KD). (Additional attachment(s) added on 11/27/2022: #1 Civil Cover Sheet, #2 Proposed Summons) (KD). |
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