Rana v. Islam et al
| Mashud Parves Rana |
| Monirul Islam and Fahima Tashina Prova |
| 1:2014cv01993 |
| March 21, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Sidney H. Stein |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Denial of Overtime Compensation |
| Plaintiff |
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Filing
145
OPINION AND ORDER re: 144 MOTION to Vacate . filed by Monirul Islam, Fahima Tashina Prova. IT IS HEREBY ORDERED that defendants' consent motion is denied. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/23/2019) (kv)
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Filing
107
OPINION & ORDER re: 100 MOTION to Strike Document No. 45 and Enter A Default Judgment filed by Mashud Parves Rana. A default judgment is harsh and is not imposed by this Court without hesitation. The Court has waited fifteen months f or defendants to participate in this litigation and has given them numerous opportunities to alter course. Islam and Prova have utterly failed to participate in discovery in this action. A default judgment is appropriate. It is HEREBY ORDERED that: ( 1) defendants' answer is stricken pursuant to Fed. R. Civ. P. 37(b)(2)(A)(iii); and (2) the Clerk of Court shall enter judgment by default in plaintiff's favor pursuant to Fed. R. Civ. P.37(b)(2)(A)(vi). SO ORDERED. (Signed by Judge Sidney H. Stein on 5/12/2016) (ama)
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Filing
96
OPINION & ORDER re: 78 SECOND MOTION for H. Bruce Fischer, P.C. to Withdraw as Attorney . filed by Monirul Islam, Fahima Tashina Prova. Islam and Prova' s continuing failure to respond to discovery requests and court orders, the ir failure to communicate with their counsel, their failure to pay their attorneys, added to their stated desire to terminate their attorneys all provide "satisfactory reason[]," Local Rule 1.4, to justify granting defense counsel's motion to withdraw. In addition, their withdrawal will most likely have no material effect on the pace of this litigation. Accordingly, Fischer and Nichols' renewed motion to withdraw as attorneys of record for defendants is granted. If defen dants retain new counsel, that counsel must file a notice of appearance on or before March 29. Should defendants elect to proceed pro se, they must by the same date submit the mailing addresses, email addresses, and telephone number at which they may be reached to the Court's Pro Se Office, United States Courthouse, 500 Pearl Street, Room 200, New York, New York 10007. Fischer and Nichols are directed to serve a copy of this order on defendants and to file proof of that service with t he Court. As previously ordered, the Court will hold a pretrial conference in this action on March 31, 2016, at 2:30 pm in Courtroom 23A at 500 Pearl Street, New York, New York. (As further set forth in this Order.) (Signed by Judge Sidney H. Stein on 3/1/2016) (kgo)
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Filing
35
OPINION & ORDER re: 13 FIRST MOTION to Dismiss for Lack of Jurisdiction filed by Monirul Islam, Fahima Tashina Prova. Because (1) Rana has pled his fraud claim with sufficient specificity, (2) defendants are not immune from this suit, and (3) proper service may still be obtained, defendants' motion to dismiss is denied in its entirety. The Court orders plaintiff to serve a copy of the summons and complaint on defendants' attorneys by January 12, 2015. This method of ser vice is both permissible under Rule 4(f)(3) the Federal Rules of Civil Procedure and appropriate given the circumstances of this case. Rana made three good-faith attempts at service on March 21 and 22 while Islam and Prova still resided in the 57th S treet apartment, and on March 24, one day after they flew to Morocco. Furthermore, service on defendants' attorneys is fair in light of defendants' actual notice of the substance of plaintiff's claims and the difficulties of serving a diplomat and his wife in Morocco pursuant to the requirements of the Hague Convention. SO ORDERED. (See Order.) (Signed by Judge Sidney H. Stein on 1/6/2015) (ajs)
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