Montalvo v. Paul Bar & Restaurant Corp. et al

Filing 58

ORDER: It is ORDERED that Plaintiff shall file a motion for default pursuant to Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A hearing will be held on November 17, 2022, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Cou rthouse, 40 Foley Square, New York, New York Plaintiff is further ORDERED to immediately serve a copy of this order upon Defendants, and to thereafter serve a copy of Plaintiffs motion for default. (Default Hearing set for 11/17/2022 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 9/15/2022) (ras)

Case 1:22-cv-01423-PAE-SN Document 58 Filed 09/15/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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9/15/2022

AMBERLYN MONTALVO,
Plaintiff,

22-CV-01423 (PAE)(SN)
ORDER

-againstPAUL BAR & RESTAURANT CORP., et al.,
Defendants.
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SARAH NETBURN, United States Magistrate Judge:

On May 31, June 7, and September 13, 2022, Plaintiff obtained Certificates of Default
against Defendants Paul Bar & Restaurant Corp., Jose Maldonado, and Mohan Aluwalia.
Accordingly, it is ORDERED that Plaintiff shall file a motion for default pursuant to Federal
Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). The motion shall be filed by
November 10, 2022, and must be supported by the following:
1. an attorney’s affidavit or declaration setting forth:
a. the basis for entering a default judgment, including a description of the method
and date of service of the summons and complaint;
b. legal authority for why such service was proper;
c. the procedural history beyond service of the summons and complaint, if any;
d. to the extent the Plaintiff believes an inquest into damages is unnecessary,
i. legal authority for why an inquest into damages would be unnecessary;
and

Case 1:22-cv-01423-PAE-SN Document 58 Filed 09/15/22 Page 2 of 2

ii. the proposed damages and the basis for each element of damages,
including interest, attorney’s fees, and costs.
2. a proposed default judgment.
A hearing will be held on November 17, 2022, at 10:00 a.m. in Courtroom 219, Thurgood
Marshall Courthouse, 40 Foley Square, New York, New York. The parties are required to
comply with the Court's most recent COVID-19 safety guidance, including courtroom and entry
protocols. Information about the Court's protocols is available at:
https://nysd.uscourts.gov/covid-19-coronavirus. The parties should plan to arrive at least 30
minutes in advance to complete the entry screening process. If this date is unavailable for any
party, they must contact Courtroom Deputy Rachel Slusher immediately at [phone].
Plaintiff is further ORDERED to immediately serve a copy of this order upon
Defendants, and to thereafter serve a copy of Plaintiff’s motion for default.
SO ORDERED.

DATED:

New York, New York
September 15, 2022

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