Cortes et al v. Corned Beef Express, LLC et al

Filing 80

ORDER terminating 74 Motion for Default Judgment. Accordingly, the Court will not consider Plaintiffs' application. If Plaintiffs plan to proceed with seeking a default judgment, then by no later than April 10, 2024, they shall file a correc ted motion for default judgment in accordance with the Court's Individual Rules and Practices in Civil Cases. Failure to submit a timely and proper motion for default judgment may result in dismissal without prejudice of this case. See Fed. R . Civ. P. 41; see also ECF No. 41. Within two business days of the date of this Order, Plaintiffs shall serve Defendants with a copy of this Order by overnight courier and file proof of such service on the docket. The Clerk of Court is directed to terminate ECF No. 74. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/27/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
3/27/2024

BEATRIZ CORONA CORTES et al.,
Plaintiffs,
-v.CORNED BEEF EXPRESS, LLC (D/B/A
ARTIE’S) et al.,

20 Civ. 3546 (JHR)
ORDER

Defendants.
JENNIFER H. REARDEN, District Judge:
Plaintiffs moved for a default judgment and filed a declaration and proposed judgment in
support. ECF Nos. 74-76. Upon further review, Plaintiffs’ submissions fail to establish that
defendants “were liable as a matter of law.” Bricklayers & Allied Craftworkers Loc. 2, Albany,
N.Y. Pension Fund v. Moulton Masonry & Const., LLC, 779 F.3d 182, 187 (2d Cir. 2015) (“[I]f
liability is established as a matter of law when the factual allegations of the complaint are taken
as true[,]” then a “Court may, on plaintiffs’ motion, enter a default judgment[.]”); see also Indiv.
R. & Pracs. in Civ. Cases, Attach. A 2.b.iv (requiring “analysis demonstrating that the facts
pleaded in the complaint support the conclusion that the relevant defendant is liable”).
Accordingly, the Court will not consider Plaintiffs’ application.
If Plaintiffs plan to proceed with seeking a default judgment, then by no later than
April 10, 2024, they shall file a corrected motion for default judgment in accordance with the
Court’s Individual Rules and Practices in Civil Cases. Failure to submit a timely and proper
motion for default judgment may result in dismissal without prejudice of this case. See
Fed. R. Civ. P. 41; see also ECF No. 41.
Within two business days of the date of this Order, Plaintiffs shall serve Defendants
with a copy of this Order by overnight courier and file proof of such service on the docket.

The Clerk of Court is directed to terminate ECF No. 74.
SO ORDERED.
Dated: March 27, 2024
New York, New York

JENNIFER H. REARDEN
United States District Judge

2