Moreno Lopez v. Omni Health Inc. et al
| Eugenio Moreno Lopez |
| Joseph C. Mastey, Omni Health Inc. doing business as Omni Health Inc. and Joe |
| 1:2023cv01602 |
| March 1, 2023 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Dora Lizette Irizarry |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 25, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER granting #8 Motion for Extension of Time to File Answer. Defendants' motion to extend the time to answer or otherwise respond to the Complaint is granted. Under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), the Court is satisfied that Defendants have demonstrated "good cause" as to why it should have been permitted to respond to the complaint after its deadline has elapsed. See Fed. R. Civ. P. 55(c); see also John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ("The filing of a late answer is analogous to a motion to vacate a default."); Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). Specifically, Defendants have shown that (1) the default was not willful by seeking consent for an extension, and (2) Plaintiff would not be prejudiced because there is consent for the extension. Even though Defendants do not expound upon its defenses, in light of the "oft-stated preference for resolving disputes on the merits," the motion is granted. See Enron Oil Corp., 10 F.3d at 95. Accordingly, Defendants shall answer or otherwise respond to the Complaint by 05/19/2023. So Ordered by Magistrate Judge Marcia M. Henry on 04/25/2023. (JD)
|
| Filing 8 MOTION for Extension of Time to File Answer by Joseph C. Mastey, Omni Health Inc.. (Attachments: #1 Exhibit Stip Extending Time to Respond) (Tsai, Joey) |
| Filing 7 NOTICE of Appearance by Joey Tsai on behalf of All Defendants (aty to be noticed) (Tsai, Joey) |
| Filing 6 SUMMONS Returned Executed by Eugenio Moreno Lopez. Joseph C. Mastey served on 3/30/2023, answer due 4/20/2023. (Sojo, Catalina) |
| Filing 5 SUMMONS Returned Executed by Eugenio Moreno Lopez. Omni Health Inc. served on 3/8/2023, answer due 3/29/2023. (Sojo, Catalina) |
| Filing 4 Summons Issued as to Joseph C. Mastey, Omni Health Inc.. (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 Dora Lizette Irizarry. 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) |
| Case Assigned to Magistrate Judge Marcia M. Henry. 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 NOTICE of Appearance by Jarret Thomas Bodo on behalf of Eugenio Moreno Lopez (aty to be noticed) (Bodo, Jarret) |
| Filing 1 COMPLAINT against Joseph C. Mastey, Omni Health Inc. filing fee $ 402, receipt number ANYEDC-16455999 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Eugenio Moreno Lopez. (Attachments: #1 Civil Cover Sheet, #2 Summons and Rider) (Sojo, Catalina) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
