Guevara v. Goodnight Group LLC et al
Case Number: 1:2020cv05330
Filed: December 17, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201 Fair Labor Standards Act

Available Case Documents

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Date Filed Document Text
April 28, 2021 Opinion or Order Filing 31 ORDER denying without prejudice 21 Motion for Default Judgment. The Court held a hearing on Plaintiff's motion for a default judgment on April 28, 2021. While Defendants had not previously appeared in this case, counsel for Defendants filed a notice of appearance on the ECF docket shortly before the hearing began, and then appeared at the hearing. This Order memorializes the Court's rulings at the conference. Plaintiff stated that she wished to withdraw her motion for a default judgment after the appearance of Defendants in this case. Accordingly, the Motion for a Default Judgement [ECF No. 21] is DENIED WITHOUT PREJUDICE. The Clerk of Court respectfully is requested to close the motion at ECF No. 21. Counsel for Defenda nts confirmed that she would accept service on behalf of both remaining Defendants in this case (Goodnight Group LLC and Flatiron Room Operations LLC) as well as the previously dismissed Defendant Thomas Tardie. Defendants must answer or otherwise respond to Plaintiff's complaint within thirty days of this Order. This deadline will not be extended absent extraordinary circumstances. SO ORDERED.. (Signed by Judge Mary Kay Vyskocil on 4/28/2021) (rj)
December 17, 2020 Opinion or Order Filing 13 ORDER OF DISMISSAL: The Complaint in this action was filed on July 10, 2020 [ECF #1]. Certain executed summonses were filed on the docket on November 16, 2020 reflecting that Defendants' responses to the complaint were due October 8, 2020 [E CF #10-12]. No responses were filed, and Plaintiff has not prosecuted this case to date. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued for failure to prosecute without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made by January 15, 2021. If no such application is made by that date, today's dismissal of the action is with prejudice. See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)). SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 12/17/2020) ( Motions due by 1/15/2021.) (ks)
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