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)

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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: (212) 473-8700 FACSIMILE: (212) 473-8705 E-MAIL: office@eisnerdictor.com 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

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