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

Filing 88

ORDER denying 71 Motion for Default Judgment. For the reasons discussed at the conference on February 10, 2020, Plaintiffs' motion for a default judgment against Defendants Mohammed Mojnu Miah and Noor Islam is denied. As to Defendant Red Chili Indian Cafe, Inc., Plaintiffs' motion for a default judgment is also denied. Defendant Red Chili Indian Cafe, Inc. will be given one more opportunity to find counsel to represent it in this action, which it must, given that a corporation m ay not proceed prose. See Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983). If it does not obtain representation and file a responsive pleading by April 27, 2020, Plaintiffs' motion for default judgment against it will be granted. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 71 and mail a copy of this Order to Defendants Mohammed Mojnu Miah and Noor Islam. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/26/2020) (kv) Transmission to Docket Assistant Clerk for processing.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK USDC-SDNY DOCUMENT ELECTRONICALLY FILED DOC#: DATE FILED: if /d"1/' f)-0_ MAHFUJUR RAHMAN and LITON SHAH, Plaintiffs, V. l 7-CV-5156 (RA) RED CHILI INDIAN CAFE, INC., MOHAMMED MOJNU MIAH a/k/a SHEIKH MOHAMMED MOJNU, and NOOR ISLAM, a/k/a MOHAMMED HARUNMIAH, ORDER Defendants. RONNIE ABRAMS, United States District Judge: For the reasons discussed at the conference on February 10, 2020, Plaintiffs' motion for a default judgment against Defendants Mohammed Mojnu Miah and Noor Islam is denied. As to Defendant Red Chili Indian Cafe, Inc., Plaintiffs' motion for a default judgment is also denied. Defendant Red Chili Indian Cafe, Inc. will be given one more opportunity to find counsel to represent it in this action, which it must, given that a corporation may not proceed prose. See Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983). If it does not obtain representation and file a responsive pleading by April 27, 2020, Plaintiffs' motion for default judgment against it will be granted. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 71 and mail a copy of this Order to Defendants Mohammed Mojnu Miah and Noor Islam. SO ORDERED. Dated: February 26, 2020 New York, New York Ronn brams United States District Judge

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