Rahman et al v. Red Chili Indian Cafe, Inc. et al

Filing 139

ORDER: The Court will not hold a conference and will instead resolve this matter on the papers. Notwithstanding that the remaining defendants' answer has been stricken, see Dkt. 124, Defendants may file any answering papers to Plaintiffs' ; default judgment motion no later than May 10, 2021, should they have a good-faith legal basis to assert that Plaintiffs are not entitled to default judgment. (As further set forth in this Order.) ( Responses due by 5/10/2021) (Signed by Judge Ronnie Abrams on 3/31/2021) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 03/31/2021

MAHFUJUR RAHMAN AND LITON
SHAH,
Plaintiffs,
v.

No. 17-CV-5156 (RA)

RED CHILI INDIAN CAFE, INC.,
MOHAMMED MOJNU MIAH A/K/A
SHEIKH MOHAMMED MOJNU, AND
NOOR ISLAM A/K/A MOHAMMED
HARUN MIAH,

ORDER

Defendants.
RONNIE ABRAMS, United States District Judge:
Local Civil Rule 55.2(c) provides that, “[u]nless otherwise ordered by the Court,” papers
submitted in connection with an application for default judgment “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) or the last known business address of such party (if a person other
than an individual). Proof of such mailing shall be filed with the Court. If the mailing is returned,
a supplemental affidavit shall be filed with the Court setting forth that fact, together with the
reason provided for return, if any.”
It appears that Plaintiffs’ default judgment papers were served on Defendants via email
but have not been mailed. See Dkt. 134. Accordingly, within two weeks of the date of this order,
Plaintiffs shall mail copies of their default judgment papers, see Dkts. 135–138, along with a
copy of this order, to Defendants’ last known addresses, and file proof of such mailings on the
docket.

The Court will not hold a conference and will instead resolve this matter on the papers.
Notwithstanding that the remaining defendants’ answer has been stricken, see Dkt. 124,
Defendants may file any answering papers to Plaintiffs’ default judgment motion no later than
May 10, 2021, should they have a good-faith legal basis to assert that Plaintiffs are not entitled to
default judgment.
SO ORDERED.
Dated:

March 31, 2021
New York, New York

________________________________
Ronnie Abrams
United States District Judge

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