Quizet Rivera et al v. Grill on 2nd LLC et al

Filing 113

ORDER: On January 26, 2021, Plaintiffs filed a motion for default judgment against Defendants Grill on 2nd LLC, Garrett Patrick Doyle, Patrick M. Brady, and Patrick Lane. (Dkt. 104.) That same day, Plaintiffs filed a certificate of service that indicated that copies of the default judgment moving papers were mailed to Defendant Grill on 2nd LLC and e-mailed to Defendants Doyle, Brady, and Lane. (Dkt. 108.)Local Civil Rule 55.2(c) requires that default judgment moving papers "shall simultaneously be mailed to the party against whom a default judgment is sought at the last known residence of such party (if an individual) "and that "[p]roof of such mailing shall be filed with the Court." Defendants Doyle, Brady, and Lane are individuals. See Dkt. 1, 30, 33, 36. Plaintiffs did not file proof that the default judgment moving papers were mailed to the "last known residence" of these individuals. I nstead, Plaintiffs only e-mailed the papers to the last known electronic mail addresses of each of these Defendants. (Dkt. 108.)The Court will not consider Plaintiffs motion for default judgment, Dkt. 104, until Plaintiffs comply with L ocal Civil Rule 55.2(c). Plaintiffs are ordered to mail copies of all papers submitted to the Court pursuant to Local Civil Rule 55.2(a) or (b) to all Defendants in accordance with Local Civil Rule 55.2(c) and 3.F of this Courts Individual Rules. Plaintiffs shall file proof of such service, in accordance with Local Civil Rule 55.2(c), by March 3, 2021. So Ordered. (Signed by Judge John P. Cronan on 2/17/2021) (js)

Case 1:15-cv-06293-JPC-KNF Document 113 Filed 02/17/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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SAUL QUIZET RIVERA et al.,
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:
Plaintiffs,
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-v:
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GRILL ON 2ND LLC et al.,
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Defendants.
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:
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15-CV-6293 (JPC)
ORDER

JOHN P. CRONAN, United States District Judge:
On January 26, 2021, Plaintiffs filed a motion for default judgment against Defendants Grill
on 2nd LLC, Garrett Patrick Doyle, Patrick M. Brady, and Patrick Lane. (Dkt. 104.) That same
day, Plaintiffs filed a certificate of service that indicated that copies of the default judgment moving
papers were mailed to Defendant Grill on 2nd LLC and e-mailed to Defendants Doyle, Brady, and
Lane. (Dkt. 108.)
Local Civil Rule 55.2(c) requires that default judgment moving papers “shall
simultaneously be mailed to the party against whom a default judgment is sought at the last known
residence of such party (if an individual) ” and that “[p]roof of such mailing shall be filed with the
Court.” Defendants Doyle, Brady, and Lane are individuals. See Dkt. 1, ¶¶ 30, 33, 36. Plaintiffs
did not file proof that the default judgment moving papers were mailed to the “last known
residence” of these individuals. Instead, Plaintiffs only e-mailed the papers to the last known
electronic mail addresses of each of these Defendants. (Dkt. 108.)
The Court will not consider Plaintiffs’ motion for default judgment, Dkt. 104, until Plaintiffs
comply with Local Civil Rule 55.2(c). Plaintiffs are ordered to mail copies of all papers submitted

Case 1:15-cv-06293-JPC-KNF Document 113 Filed 02/17/21 Page 2 of 2

to the Court pursuant to Local Civil Rule 55.2(a) or (b) to all Defendants in accordance with Local
Civil Rule 55.2(c) and 3.F of this Court’s Individual Rules. Plaintiffs shall file proof of such
service, in accordance with Local Civil Rule 55.2(c), by March 3, 2021.
SO ORDERED.
_____________________
__ _________
__________________________________
JOHN P CRONAN
P.
United States District Judge

Dated: February 17, 2021
New York, New York

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