Reyes v. Grecian Pools International Corp. et al
| Cruz Rosendo Reyes |
| Grecian Pools International Corp. and Nick Tsoukas |
| 1:2023cv04064 |
| June 1, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Pamela K Chen |
| Labor: Fair Standards |
| None |
Docket Report
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ORDER: The motion for extension of time to file answer #13 is denied without prejudice to renewal. Defendants Grecian Pools International Corp. and Nick Tsoukas seek to extend the time to answer, move, or otherwise respond to the Complaint. Defendants' answer was due on 7/10/2023. (See Summons Returned Executed filed June 28, 2023, Dkt. No. #8 ; Summons Returned Executed filed June 30, 2023, Dkt. No. #9 ). Because they are seeking to extend the time to answer after the time to do so has passed, Defendants must file a motion by 8/7/2023 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020) ("If an answer is filed late, the court may treat the issue as one of default. See 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.') (citing Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981)). The court may then consider whether, under the factors discussed in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), default should be vacated."). So Ordered by Magistrate Judge Sanket J. Bulsara on 7/24/2023. (IS)
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| Filing 13 First MOTION for Extension of Time to File Answer by Grecian Pools International Corp., Nick Tsoukas. (DeSantis, Michael) |
| Filing 12 NOTICE of Appearance by Michael J. DeSantis on behalf of Grecian Pools International Corp., Nick Tsoukas (aty to be noticed) (DeSantis, Michael) |
| Filing 11 NOTICE of Appearance by Allyn J Crawford on behalf of Grecian Pools International Corp., Nick Tsoukas (aty to be noticed) (Crawford, Allyn) |
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Filing 10
SCHEDULING ORDER: A telephonic initial conference will be held at 2:30 P.M. on 9/22/2023 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 9/19/2023 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 7/5/2023. (EM)
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| Filing 9 SUMMONS Returned Executed by Cruz Rosendo Reyes. Grecian Pools International Corp. served on 6/17/2023, answer due 7/10/2023. (Julien, Ria) |
| Filing 8 SUMMONS Returned Executed by Cruz Rosendo Reyes. Nick Tsoukas served on 6/17/2023, answer due 7/10/2023. (Julien, Ria) |
| Filing 7 Summons Issued as to Grecian Pools International Corp., Nick Tsoukas. (KD) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 5 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 4 Civil Cover Sheet.. by Cruz Rosendo Reyes (Singla, Retu) |
| FINAL NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit A COMPLETED SECOND PAGE(NOT THE INSTRUCTION PAGE)Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit A COMPLETED SECOND PAGE(NOT THE INSTRUCTION PAGE) Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 3 Proposed Summons. by Cruz Rosendo Reyes (Singla, Retu) |
| Filing 2 Civil Cover Sheet.. by Cruz Rosendo Reyes (Singla, Retu) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16754813 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Cruz Rosendo Reyes. (Singla, Retu) |
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