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

Filing 115

ORDER: On February 17, 2021, the Court ordered Plaintiffs to comply with Local Civil Rule 55.2(c), which requires that default judgment moving papers "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." (Dkt. 113.) On March 3, 2021, Plaintiffs filed an affidavit of service that states that Plaintiffs mailed the defa ult judgment moving papers to Defendants Garrett Patrick Doyle, Patrick M. Brady, and Patrick Lane at 735 Second Ave, New York, New York 10016. (Dkt. 114.) The Court understands that this is the address of the corporate defendant, see Dkt. 1 3, and not the "last known residence" of any of the individual defendants. Plaintiffs have thus not complied with Local Civil Rule 55.2(c) as ordered. The Court reiterates that it "will not consider Plaintiffs' motion for default jud gment, Dkt. 104, until Plaintiffs comply with Local Civil Rule 55.2(c)." (Dkt. 113.) Plaintiffs are again 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 w ith Local Civil Rule 55.2(c) and 3.D of this Court's Individual Rules. Plaintiffs shall file proof of such service, in accordance with Local Civil Rule 55.2(c), by March 10, 2021. If Plaintiffs fail to comply with this Order, the Court may dismiss this case for failure to prosecute without further notice. SO ORDERED. (Signed by Judge John P. Cronan on 3/3/2021) (rj)

Case 1:15-cv-06293-JPC-KNF Document 115 Filed 03/03/21 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 February 17, 2021, the Court ordered Plaintiffs to comply with Local Civil Rule 55.2(c),
which requires that default judgment moving papers “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.” (Dkt. 113.) On March 3, 2021,
Plaintiffs filed an affidavit of service that states that Plaintiffs mailed the default judgment moving
papers to Defendants Garrett Patrick Doyle, Patrick M. Brady, and Patrick Lane at 735 Second Ave,
New York, New York 10016. (Dkt. 114.)
The Court understands that this is the address of the corporate defendant, see Dkt. 1 ¶ 3, and
not the “last known residence” of any of the individual defendants. Plaintiffs have thus not
complied with Local Civil Rule 55.2(c) as ordered. The Court reiterates that it “will not consider
Plaintiffs’ motion for default judgment, Dkt. 104, until Plaintiffs comply with Local Civil Rule
55.2(c).” (Dkt. 113.) Plaintiffs are again 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.D of this Court’s Individual Rules. Plaintiffs shall file proof of such service, in

Case 1:15-cv-06293-JPC-KNF Document 115 Filed 03/03/21 Page 2 of 2

accordance with Local Civil Rule 55.2(c), by March 10, 2021. If Plaintiffs fail to comply with this
Order, the Court may dismiss this case for failure to prosecute without further notice.
SO ORDERED.
Dated: March 3, 2021
New York, New York

__________________________________
JOHN P. CRONAN
United States District Judge

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