Reddy et al v. LongFin Corp. et al

Filing 176

ORDER: This action was commenced on April 3, 2018. On July 27, 2018, plaintiffs filed a first amended complaint, and, on June 28, 2019, plaintiffs filed a second amended complaint. As set forth in plaintiffs December 11, 2019 letter to this Court, after the filing of the first amended complaint but before the filing of the second amended complaint, the Clerk of Court had entered default for failure to appear against defendants Longfin Corp., Venkata S. Meenavalli, Vivek K. Ratakonda, and Sures h Tammineedi (the defaulting defendants). The second amended complaint did not assert[] a new claim for relief against any of the defaulting defendants, and thus service of the second amended complaint on the defaulting defendants was not required. Fed. R. Civ. P. 5(a)(2). Defendant Andy Altahawi entered a notice of appearance and requested all pleadings be served on him through his counsel on October 9, 2018. Defendant Dorababu Penumarthi, proceeding pro se, entered a notice of appearance and consented to receive electronic service on May 5, 2019. Plaintiffs thus served the second amended complaint upon Altahawi and Penumarthi upon filing the complaint on ECF on June 28, 2019. See Fed. R. Civ. P. 5(2)(E). Altahawi and Penumarthi h ave not responded to the second amended complaint. Accordingly, it is hereby ORDERED that plaintiffs shall file a motion for default judgment against all of the defendants in this action by January 3, 2020, or this case shall be dismissed for failure to prosecute. (Signed by Judge Denise L. Cote on 12/16/2019) (gr)