Medina et al v. FW Freedom Construction Corp. et al
| Paul Medina and Wilson Flechas |
| FW Freedom Construction Corp., Weldon Costa and Frederico Da Silva |
| 1:2023cv05841 |
| August 1, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Eric N Vitaliano |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 SUMMONS Returned Executed by Paul Medina, Wilson Flechas. Weldon Costa served on 9/25/2023, answer due 10/16/2023. (Rapaport, Marc) |
| Filing 7 SUMMONS Returned Executed by Paul Medina, Wilson Flechas. Frederico Da Silva served on 8/24/2023, answer due 9/14/2023. (Rapaport, Marc) |
ORDER: The Motion for an Extension of Time to File Answer #6 is denied without prejudice to renewal. Defendants FW Freedom Construction Corp. ("FW Freedom"), Weldon Costa, and Frederico Da Silva (together, the "Defendants") seek to extend the time to answer, move, or otherwise respond to the Complaint. Defendant FW Freedom's answer was due on 9/4/2023. (See Summons Returned Executed, Dkt. No. 5). There is no proof of service on the docket for Defendants Costa and Da Silva. Because they seek to extend the time to answer after the time to do so has passed, the Defendants must file a motion by 10/5/2023 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 9/21/2023. (AL)
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| Filing 6 First MOTION for Extension of Time to File Answer by Weldon Costa, Frederico Da Silva, FW Freedom Construction Corp.. (Rabinowitz, Michael) |
| Filing 5 SUMMONS Returned Executed by Paul Medina, Wilson Flechas. FW Freedom Construction Corp. served on 8/14/2023, answer due 9/4/2023. (Rapaport, Marc) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 2 Summons Issued as to All Defendants. (SR) |
| Case Assigned to Judge Eric N. Vitaliano 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. (SR) |
| Filing 1 COMPLAINT against Weldon Costa, Frederico Da Silva, FW Freedom Construction Corp. filing fee $ 402, receipt number ANYEDC-16950711 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Paul Medina, Wilson Flechas. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons and Rider) (Rapaport, Marc) |
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