Campos et al v. BKUK 3 Corporation et al

Filing 140

ORDER TO SHOW CAUSE TO STRIKE ANSWER AND FOR DEFAULT JUDGMENT: It is hereby ORDERED that the defendants shall respond in writing to this Order to Show Cause for a default judgment by August 3, 2020. If the defendants fail to respond by that date, judgment may be entered against them and the defendants will have no trial. The plaintiff may reply by August 7, 2020. The plaintiff shall serve a copy of this Order to Show Cause by July 27, 2020 and shall file proof of service by July 31, 2020. No personal appearances are required in connection with this Order to Show Cause. It is further ORDERED that a copy of this Order, together with the Plaintiffs' supporting memorandum of law, affidavit and exhibits shall be served on the Besim Kukaj by overnight mail, one-day receipt requested at Defendant Kukaj's last known address. It is further ORDERED that one (1) copy of this Order, together with the Plaintiffs' supporting memorandum of law, affidavit and exhibits, shal l be served on the Corporate Defendants by overnight mail, one-day receipt requested at 803 9th Avenue, New York, New York 10019, the last known active address for the Corporate Defendants. It is further ORDERED that service of a copy of this Or der upon the Corporate Defendants be made via the New York Secretary of State at the most current address listed for the entities by the New York State Department of State, Division of Corporations and shall be deemed good and sufficient service thereof. ( Replies due by 8/7/2020., Show Cause Response due by 8/3/2020.) (Signed by Judge John G. Koeltl on 7/21/2020) (ks)

Case 1:18-cv-04036-JGK Document 140 Filed 07/21/20 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
ABRAHAM CAMPOS, EDER GORDILLO,
PAULINO CARPINTERO, SAMUEL HERRERA
and YONI DE LOS SANTOS, Individually and On
Behalf of All Others Similarly Situated,
Plaintiffs,
-against-

18 Civ. 4036 (JGK)

BKUK 3 CORPORATION d/b/a LA
CARBONARA, BKUK 5 CORPORATION d/b/a
LIMON JUINGLE, BKUK 6 CORPORATION
d/b/a GALLO NERO, BKUK 7 CORPORATION
d/b/a EL GALLO DE ORO, BKUK 8
CORPORATION d/b/a SERENATA, 9th AVE.
LIME JUNGLE, INC. d/b/a LIMON JUNGLE, B &
R SORRENTO CORP. d/b/a INTERMEZZO, PIO
RESTAURANT, LLC d/b/a LUNA PIENA, ZUCCA
TRATTORIA INC. d/b/a TAQUERIA MEZ-A AND
GALLO NERO III and BESIM KUKAJ, Jointly
and Severally,

ORDER TO SHOW CAUSE TO STRIKE
ANSWER and FOR DEFAULT
JUDGMENT

Defendants.
BRYAN MACANCELA, CRISTIAN ASITIMBAY,
MARIO ASITIMBAY, EDISON MACANCELA,
MILTON QUIZHPILEMA, EDUARDO YUN GA,
VLADIMIR YUNGA, FELIPE VEGA-LOYOLA,
VICTOR GONZALEZ, JUAN AGAPITO
CARRANZA, ROGELIO DE JESUS SANTOS,
DIEGO A. ESTRADA CORTEZ, and JOSE
VAZQUEZ REYES, individually and on behalf of
all other similarly situated,
Plaintiffs,
-vsBESIM KUKAJ d/b/a BKUK GROUP and BKUK
NYC Restaurant Group, BKUK CORPORATION
d/b/a Cara Pia, BKUK 1 CORP. d/b/a Pecorino
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18 Civ. 7507 (JGK)

Case 1:18-cv-04036-JGK Document 140 Filed 07/21/20 Page 2 of 3

Pizzeria, BKUK 3 Corp. d/b/a La Carbonara,
BKUK 5 CORP., BKUK 6 CORP. d/b/a Gallo Nero,
BKUK 7 CORP. d/b/a Gallo Nero II and El Gallo de
Oro, BKUK 8 CORP. d/b/a Serenata Mexican
Restaurant, BKUK 9 CORP. d/b/a Lime Jungle
Empanadas, BKUK 10 CORP. d/b/a Cara Mia and
Cara Mia 2, ZUCCA TRATTORIA INC. d/b/a
Taqueria Mez-A and Gallo Nero, PIO
RESTURANT LLC d/b/a Luna Piena, 9TH AVENUE
LIME JUNGLE INC. d/b/a Limon Jungle, B & R
SORRENTO CORP. d/b/a Intermezzo, 319 WEST
51ST ST. RESTAURANT CORP. a/k/a 319 W 51st St
Inc. d/b/a Maria Pia Restaurant and GALLO NERO
W 44TH INC. d/b/a Gallo Nero,
Defendants.

Upon the affidavit of Brent E. Pelton, Esq. sworn to on May 14, 2020 and the exhibits
annexed thereto and other materials filed therewith, and upon all prior papers and proceedings
filed herein, it is hereby
ORDERED that the defendants shall respond in writing to this Order to Show Cause for
a default judgment by August 3, 2020. If the defendants fail to respond by that date, judgment
may be entered against them and the defendants will have no trial. The plaintiff may reply by
August 7, 2020. The plaintiff shall serve a copy of this Order to Show Cause by July 27, 2020
and shall file proof of service by July 31, 2020. No personal appearances are required in
connection with this Order to Show Cause.
It is further ORDERED that a copy of this Order, together with the Plaintiffs’ supporting
memorandum of law, affidavit and exhibits shall be served on the Besim Kukaj by overnight mail,
one-day receipt requested at Defendant Kukaj’s last known address.
It is further ORDERED that one (1) copy of this Order, together with the Plaintiffs’
supporting memorandum of law, affidavit and exhibits, shall be served on the Corporate
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Case 1:18-cv-04036-JGK Document 140 Filed 07/21/20 Page 3 of 3

Defendants by overnight mail, one-day receipt requested at 803 9th Avenue, New York, New York
10019, the last known active address for the Corporate Defendants.
It is further ORDERED that service of a copy of this Order upon the Corporate Defendants
be made via the New York Secretary of State at the most current address listed for the entities by
the New York State Department of State, Division of Corporations and shall be deemed good and
sufficient service thereof.

July
21
DATED this ____day of ___________, 2020
New York, NY
SO ORDERED:
/s/ John G. Koeltl
__________________________________________________
HONORABLE JOHN G. KOELTL
UNITED STATES DISTRICT JUDGE

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