Orellana et al v. Real Innovative Construction, LLC et al

Filing 185

ORDER granting #184 Letter Motion for Extension of Time to File. Application GRANTED. Plaintiffs' deadline to apply for a default judgment against Carlos Morales is extended to October 25, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/7/2021) (vfr)

Case 1:18-cv-08396-VEC-RWL Document 185 Filed 09/07/21 Page 1 of 2

EISNER DICTOR & LAMADRID, P.C.

MEMO ENDORSED
EUGENE G. EISNER
BENJAMIN N. DICTOR
THOMAS J. LAMADRID

ATTORNEYS AT LAW

39 BROADWAY, SUITE 1540
NEW YORK, NEW YORK 10006
TELEPHONE: [phone]
FACSIMILE: [phone]
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INTERNET: www.eisnerdictor.com

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 9/7/2021
OF COUNSEL
NATHANIEL K. CHARNY*
ROGER J. BERNSTEIN
*NY AND NJ BAR

September 3, 2021
VIA ECF
Hon. Valerie E. Caproni
United States District Judge
Thurgood Marshall
United States Courthouse
40 Foley Square
New York, NY 10007
Re:

Orellana et al. v. Real Innovative Construction,
LLC et al., No. 18-cv-8396 (VEC) (RWL)

Dear Judge Caproni:
This office represents plaintiffs in the above-referenced matter. I write to request a 45-day
extension to submit plaintiff’s application for default judgment against Defendant Carlos
Morales.
Pursuant to Your Honor’s July 12, 2021 Order, plaintiffs are to submit their application for
default judgment against defendant Morales no later than September 10, 2021. While counsel has
prepared the documents needed for the application, counsel is still in the process of finalizing,
and having each of the 34 plaintiffs execute declarations in support of the damages calculation.
By way of background, on July 27, 2021, plaintiffs obtained a Clerk’s Certificate of Default as
against defendant Morales. ECF Doc. # 182. On August 6, 2021, default judgment was entered
as against defendant Real Innovative Construction, LLC (“RIC”) as to liability only. ECF Doc. #
183. (The application for default judgment against defendant Morales will be for liability and
damages.) The only other defendant remaining in this action other than RIC and Morales is
defendant Andy Garcia. The action, however, is stayed as against defendant Garcia as he filed
for bankruptcy during the pendency of this action and his Chapter 13 bankruptcy case remains
pending in the Middle District of Pennsylvania. (Defendant Garcia’s Chapter 13 plan is
scheduled to end in August 2024.)
This is plaintiffs’ first request for an extension of time to file their default judgment application
against defendant Morales. Plaintiffs’ requested extension will not affect any other pending
deadlines.
Accordingly, plaintiffs request that the time for them to submit their application for default
judgment against defendant Morales be extended to October 25, 2021.

Case 1:18-cv-08396-VEC-RWL Document 185 Filed 09/07/21 Page 2 of 2

EISNER DICTOR & LAMADRID, P.C.
Hon. Valerie E. Caproni
Page | 2
Re:

Orellana et al. v. Real Innovative Construction,
LLC et al., No. 18-cv-8396 (VEC) (RWL)

Thank you for your consideration in this matter.
Respectfully submitted,

Thomas J. Lamadrid

Application GRANTED. Plaintiffs' deadline to apply for a default judgment against
Carlos Morales is extended to October 25, 2021.
SO ORDERED.

9/7/2021
9/7/20
HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE