Ortega v. The Matilda Gourmet Deli Inc et al

Filing 78

ORDER: It is hereby ORDERED that, by August 2, 2022, at noon, Plaintiff shall fully comply with the Order at Dkt. No. 76, including filing an affidavit or declaration under penalty of perjury by Plaintiff's counsel describing what documents have been served, when, how and on whom. It is further ORDERED that Plaintiff may seek an adjournment of the hearing of up to seven days if Plaintiff requires more time to serve Defendants properly. It is further ORDERED that continued failure to comply with Court Orders by Plaintiff's counsel will result in sanctions, including but not necessarily limited to monetary sanctions. (Signed by Judge Lorna G. Schofield on 8/1/2022) (ate)

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Case 1:21-cv-10212-LGS Document 78 Filed 08/01/22 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------X MARCO ANTONIO ORTEGA, : Plaintiff, : : -against: : THE MATILDA GOURTMET DELI INC, et al., : Defendants. : -------------------------------------------------------------X 21 Civ. 10212 (LGS) ORDER LORNA G. SCHOFIELD, District Judge: WHEREAS, the Order at Dkt. No. 76, dated July 21, 2022, directed Plaintiff to serve a copy of that Order on Defendants, to ensure all documents Plaintiff was previously directed to serve on Defendants in the Orders at Dkt. Nos. 68 and 69 were served properly, and to file an affidavit so attesting by July 27, 2022, since Plaintiff’s prior affidavits did not affirm that all the documents were served, including Dkt. Nos. 19, 39, 40, 41, 42, 43, 45, 46, 47, 54, 56, 56-1, 56-2; WHEREAS, on July 26, 2022, Plaintiff filed affidavits of service stating that the “Complaint, Letter and Clerk’s Certificate of Default” had been served on Defendants, in some cases pursuant to New York Business Corporations Law § 306 and not by personal service, which does not comply with either part of the July 21 Order. It is hereby ORDERED that, by August 2, 2022, at noon, Plaintiff shall fully comply with the Order at Dkt. No. 76, including filing an affidavit or declaration under penalty of perjury by Plaintiff’s counsel describing what documents have been served, when, how and on whom. It is further ORDERED that Plaintiff may seek an adjournment of the hearing of up to seven days if Plaintiff requires more time to serve Defendants properly. It is further ORDERED that continued failure to comply with Court Orders by Plaintiff’s counsel will result in sanctions, including but not necessarily limited to monetary sanctions. Dated: August 1, 2022 New York, New York

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