Fernandez v. Kids A.M., Inc.
| Jose Fernandez |
| Kids A.M., Inc. doing business as C-Town Supermarkets |
| 1:2023cv02868 |
| April 18, 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 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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ORDER granting #7 Motion for Extension of Time to File Answer. Defendant Kids A.M., Inc.'s 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 Defendant has 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, Defendant has shown that (1) the default was not willful by seeking consent for an extension, and (2) Plaintiff would not be prejudiced because he consents to the extension. Even though Defendant does 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, Defendant shall answer or otherwise respond to the Complaint by 06/23/2023. So Ordered by Magistrate Judge Marcia M. Henry on 06/01/2023. (JD)
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| Filing 7 MOTION for Extension of Time to File Answer by Kids A.M., Inc.. (Hernandez, Randy) |
| Filing 6 NOTICE of Appearance by Randy Anthony Hernandez on behalf of All Defendants (aty to be noticed) (Hernandez, Randy) |
| Filing 5 SUMMONS Returned Executed by Jose Fernandez. Kids A.M., Inc. served on 4/26/2023, answer due 5/17/2023. (Frisch, Andrew) |
| Filing 4 Summons Issued as to Kids A.M., Inc.. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 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 and 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 1 COMPLAINT against Kids A.M., Inc., dba C-Town Supermarkets filing fee $ 402, receipt number ANYEDC-16610395 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Jose Fernandez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Frisch, Andrew) |
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| Plaintiff: Jose Fernandez | |
| Represented By: | Andrew R. Frisch |
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| Defendant: Kids A.M., Inc. doing business as C-Town Supermarkets | |
| Represented By: | Randy Anthony Hernandez |
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