Franco v. Fulton Gateway, LLC et al
| Milagros Franco |
| Fulton Gateway, LLC, Burger King Company LLC and 41725 Fulton Operating Corp |
| 1:2023cv07519 |
| October 9, 2023 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Taryn A Merkl |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 1201 Civil Rights (Disability) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 5, 2023. A more recent docket listing may be available from PACER.
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ORDER: The motion for extension of time to file answer #9 is granted. Defendants Burger King Company LLC and 41725 Fulton Operating Corp. shall file an answer or otherwise respond to the complaint by 12/27/2023. The parties are respectfully reminded that any motion practice must be initiated in accordance with the Individual Rules of the assigned District Judge. The Court is in receipt of the Plaintiffs' request for certificate of default #8 , as to the non-appearing Defendants while Defendants Burger King Company LLC and 41725 Fulton Operating Corp. have appeared, and as to whom Plaintiffs have consented to an extension of time for to file an answer in this case. Plaintiffs are respectfully directed to consider carefully the applicability of Frow v. De La Vega, 82 U.S. 552, 554 (1872), in this case, and the appropriate timing of any anticipated motions for default. See, e.g., Lemache v. Tunnel Taxi Mgmt., LLC, 354 F. Supp. 3d 149, 152-56 (E.D.N.Y. 2019) ("[I]n a multi-defendant case where defendants are alleged to be jointly liable, entering a default judgment runs the risk of inconsistent judgments.... The proper course in such a situation is to postpone decision on the default judgment until the case against the litigating party concludes; if the litigating party loses, the default judgment can then be entered against the non-appearing party, and if the litigating party wins, the default judgment motion should be denied."). Plaintiffs are also respectfully reminded that any motion practice must be initiated in accordance with the Individual Motion Practices and Rules of the assigned District Judge. Ordered by Magistrate Judge Taryn A. Merkl on 12/5/2023. (ALG)
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| Filing 10 NOTICE of Appearance by Michael D. Yim on behalf of All Defendants (notification declined or already on case) (Yim, Michael) |
| Filing 9 MOTION for Extension of Time to File Answer by 41725 Fulton Operating Corp, Burger King Company LLC, Fulton Gateway, LLC. (Yim, Michael) |
| Filing 8 Request for Certificate of Default by Milagros Franco (Attachments: #1 Affidavit in Support Affirmation in Support of Request for Certificate of Default, #2 Exhibit Proposed Certificate of Default) (Hanski, Robert) |
| Filing 7 SUMMONS Returned Executed by Milagros Franco. Fulton Gateway, LLC served on 11/7/2023, answer due 11/28/2023. (Hanski, Robert) |
| Filing 6 Summons Issued as to All Defendants. (Attachments: #1 41725 Fulton Operating Corp., #2 Fulton Gateway, LLC) (AF) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Taryn A. Merkl. 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. (AF) |
| Filing 3 Proposed Summons. Re #1 Complaint, by Milagros Franco (Attachments: #1 Proposed Summons, #2 Proposed Summons) (Hanski, Robert) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Milagros Franco (Hanski, Robert) |
| Filing 1 COMPLAINT against 41725 Fulton Operating Corp, Burger King Company LLC, Fulton Gateway, LLC filing fee $ 402, receipt number ANYEDC-17162100 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Milagros Franco. (Hanski, Robert) |
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