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

Filing 152

ORDER: In light of the defaulted defendants' pro se status, the Court, sua sponte, EXTENDS their time to respond to plaintiffs' proposed findings of fact and conclusions of law until September 20, 2021. (As further set forth in this Orde r.) The Clerk of Court is respectfully directed to mail a copy of this order to defendants Mohammed Mojnu Miah and Noor Islam. (Signed by Magistrate Judge Barbara C. Moses on 8/27/2021) (cf) Transmission to Docket Assistant Clerk for processing.

Case 1:17-cv-05156-RA-BCM Document 152 Filed 08/27/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

8/27/21

MAHFUJUR RAHMAN, et al.,
Plaintiffs,
-againstRED CHILI INDIAN CAFÉ, INC., et al.

17-CV-5156 (RA) (BCM)
ORDER

Defendants.
BARBARA MOSES, United States Magistrate Judge.
On May 20, 2021, the Court entered a Scheduling Order for Damages Inquest (Dkt. No.
143) which, among other things, directed plaintiffs to file their proposed findings of fact and
conclusions of law on July 20, 2021, and gave defaulted defendants Miah and Islam a deadline of
August 20, 2021, to file any responses. Plaintiffs timely filed their proposed findings of fact and
conclusions of law on July 20, 2021. (Dkt. No. 144.) On August 20, 2021, the defaulted
defendants each filed a document entitled Notice of Appeal (Dkt. Nos. 150, 151) (docketed as
letters), indicating that they were attempting to appeal from an order entered on July 20, 2021.
There was no order entered on July 20, 2021. Moreover, the Scheduling Order entered on May
20, 2021 is non-appealable.
In light of the defaulted defendants' pro se status, the Court, sua sponte, EXTENDS their
time to respond to plaintiffs' proposed findings of fact and conclusions of law until September
20, 2021. Any response should be clearly labelled as such, should fairly meet the substance of
plaintiff's July 20 filing, and – to the extent the defaulted defendants disagree with the factual
assertions made by plaintiffs – should be supported by admissible evidence, such as affidavits or
declarations of persons with personal knowledge of the relevant facts, or properly authenticated
documents evidencing the plaintiffs' working hours and pay.
The Clerk of Court is respectfully directed to mail a copy of this order to defendants
Mohammed Mojnu Miah and Noor Islam.
Dated: New York, New York
August 27, 2021
SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge