Lantigua Caba et al v. Elegant Linen of NY INC. et al

Filing 65

ORDER: IT IS HEREBY ORDERED that Plaintiff's request that the Court accept his filing as timely is GRANTED. IT IS FURTHER ORDERED that by no later than Friday, April 30, 2021, Plaintiff's counsel must file: as set forth herein. IT IS FURTHE R ORDERED that if Plaintiff does not file anything by the Friday, April 30, 2021 deadline, or if Plaintiff files another deficient submission, the Court will both dismiss the case against Defendant Elegant Linen of NY Inc. for failure to prosecute and close this case. The Court is unlikely to accept any additional excuses for failure to comply with Court orders. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/28/2021) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JULIAN ANTONIO LANTIGUA CABA,
:
:
Plaintiff,
:
:
-against:
:
ELEGANT LINEN OF NY INC (D/B/A
:
BARGAIN STORE), HAISAM I. ABADI,
:
and ASHI DOE,
:
:
Defendants. :
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 4/28/2021

19-CV-7302 (VEC)
ORDER

VALERIE CAPRONI, United States District Judge:
WHEREAS on December 17, 2019, the Court entered a default judgment against
Defendant Elegant Linen of NY Inc., Dkt. 30;
WHEREAS in the same order, the Court deferred the determination of damages to after
the conclusion of the proceedings against the remaining Defendants, id.;
WHEREAS on April 5, 2021, the Court ordered Plaintiff to submit a damages calculation
with respect to Defendant Elegant Linen of NY Inc., by no later than April 16, 2021, Dkt. 53;
WHEREAS the submission was woefully inadequate, see Order, Dkt. 55 (outlining the
deficiencies);
WHEREAS Plaintiff had until Friday, April 23, 2021, by 5:00 P.M. to file a new
submission curing the deficiencies, id.;
WHEREAS on April 24, 2021, Plaintiff’s counsel informed the Court that he filed the
submission on the wrong docket, although by the April 23, 2021 5:00 P.M. deadline, and
requested that the Court overlook this inadvertent mistake, Dkt. 56; and
WHEREAS the submission was indeed filed in the wrong matter by the 5:00 P.M.
deadline, see 19-CV-4579, Dkt. 62 (filed at 4:58 P.M.);

IT IS HEREBY ORDERED that Plaintiff’s request that the Court accept his filing as
timely is GRANTED.
IT IS FURTHER ORDERED that by no later than Friday, April 30, 2021, Plaintiff’s
counsel must file:
1. An affidavit or declaration from Plaintiff’s counsel that includes the total amount of
pre-judgment interest based on the information provided in counsel’s prior
declaration, see Decl., Dkt. 64 ¶¶ 10–11, and using December 17, 2019, the date the
default judgment was entered, as the date of judgment. See Herrara v. 12 Water St.
Gourmet Cafe, Ltd., No. 13-CV-4370, 2016 WL 1274944, at *8 (S.D.N.Y. Feb. 29,
2016), report and recommendation adopted, No. 13-CV-4370, 2016 WL 1268266
(S.D.N.Y. Mar. 31, 2016) (using the date the default judgment was entered when
calculating prejudgment interest). Plaintiff’s counsel must provide a detailed
explanation of the calculations.
2. A revised proposed order of default judgment that includes the amounts of
prejudgment interest, the total damages, and the total judgment against Defendant
Elegant Linen of NY Inc.
IT IS FURTHER ORDERED that if Plaintiff does not file anything by the Friday, April
30, 2021 deadline, or if Plaintiff files another deficient submission, the Court will both dismiss
the case against Defendant Elegant Linen of NY Inc. for failure to prosecute and close this case.
The Court is unlikely to accept any additional excuses for failure to comply with Court orders.

SO ORDERED.
Date: April 28, 2021
New York, NY

_________________________________
VALERIE CAPRONI
United States District Judge

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