Ramirez et al v. Urion Construction LLC et al

Filing 20

ORDER granting 18 Letter Motion for Extension of Time to File. Application GRANTED. Plaintiffs shall file a proposed order to show cause for default judgment and supporting papers required by the Court's Individual Rules by August 17, 2022. The initial pretrial conference scheduled for August 10, 2022, is adjourned sine die. (Signed by Judge Lorna G. Schofield on 8/2/2022) (mml)

Case 1:22-cv-03342-LGS Document 20 Filed 08/02/22 Page 1 of 3

HELEN F. DALTON & ASSOCIATES, P.C.
ATTORNEYS AT LAW

80-02 Kew Gardens Road, Suite 601, Kew Gardens, New York 11415
Tel. [phone] Fax. [phone]

Application GRANTED. Plaintiffs shall file a proposed order to show cause for default judgment and
August
2022pretrial
supporting papers required by the Court's Individual Rules by August 17, 2022.
The2,initial
conference scheduled for August 10, 2022, is adjourned sine die.
Via ECF:
The Honorable Lorna G. Schofield, U.S.D.J.
Dated:
2022 Court
UnitedAugust
States2,District
New
York, New
York
Southern
District
of New York
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY 10007
Re: Ramirez, et al v. Urion Construction LLC, et al
Civil Docket No.: 22-cv-03342 (LGS)
Dear Judge Schofield:
We represent the Plaintiffs in this matter, and we submit this letter motion 1. to apprise
the Court as to the status of this matter, 2. to respectfully request an adjournment of the parties’
upcoming August 10, 2022 pretrial conference; and 3. to respectfully request an extension of time
for Plaintiffs to file their Motion for Entry of a Default Judgment in a Sum Certain against all
Defendants, in accordance with the Court’s Individual Rules and Practices (the “Motion”).
Relevant Procedural Background
Plaintiffs commenced this FLSA action on April 25, 2022, against the defendants,
Urion Construction LLC (“Urion”) and Heriberto Gonzalez Sirias, as an individual (“Mr. Sirias”)
(and collectively, the “Defendants”), to recover damages, in chief, for Defendants’ willful failure
to pay the Plaintiffs any overtime wages, despite Plaintiffs regularly working for the Defendants
in excess of 40 hours per week. See Dkt. No. 1. It is respectfully submitted that all Defendants
have been successfully served – Urion was served on May 5, 2022 via the office of the Secretary
of State; and again at its place of business on May 26, 2022 (Dkt. Nos. 7-8); and Mr. Sirias was
personally served on May 26, 2022, at his last known residence/usual place of abode (Dkt. No. 9).
By status report dated June 23, 2022, we apprised the Court, inter alia, that: “[a]fter serving
Defendants … we contacted Defendants at their regular place of business, during normal business
hours, to ascertain whether or not Defendants intend on appearing in this matter or retaining
counsel to appear on their behalf. The undersigned spoke directly with individual defendant,
Heriberto Gonzalez Sirias, and apprised Mr. Sirias of the above, and of Defendants’ obligations in
this matter. Mr. Sirias appeared somewhat agitated during our phone conversation and indicated
that the Defendants do not intend on retaining counsel to appear or otherwise defend this matter at
this juncture. Mr. Sirias also stated he would ‘pass along this message to the other owner(s) of
Urion’, at which point, Mr. Sirias ‘will know, and will inform us, as to whether Defendants have

Case 1:22-cv-03342-LGS Document 20 Filed 08/02/22 Page 2 of 3

decided to retain counsel to appear on their behalf.’ As such, we interpret Defendants’ response to
advising them of the above as a refusal to cooperate.” See Dkt. No. 12.
Moreover, on June 23, 2022, the undersigned served (1) the Plaintiffs’ June 23, 2022
status report letter, together with (2) Notice of the parties’ Conference previously set for July 6,
2022, and (3) Proposed Case Management plan, on the Defendants, via UPS Overnight Courtier.
See Dkt. No. 12. Proof of such service on all Defendants was promptly filed on the Court’s docket.
See Dkt. No. 14.
In response thereto, on June 23, 2022, the Court issued an Order (the “Order”), directing
inter alia, that: “[t]he initial pretrial conference scheduled for July 6, 2022, is adjourned to August
10, 2022, at 4:20 P.M,” and that, “[t]he parties shall file a joint letter containing Defendants'
positions on the issues addressed in Plaintiffs' letter, and a jointly proposed case management plan
and scheduling order, by August 3, 2022, at 12:00 P.M. If Defendants do not appear and file an
answer before then, Plaintiffs shall move for default judgment in accordance with the Court's
Individual Rules by August 3, 2020.” See Dkt. No. 15.
In advance of the August 3, 2022 deadline for Defendants to appear, earlier today we
contacted Defendants and again spoke directly with the individual defendant,
Mr. Sirias, who made it clear that no one is or will be appearing in this matter for Defendants, and
specifically, moreover, that no one will be appearing on behalf of the Defendants by tomorrow’s
deadline.
Therefore, prior to the filing of this letter, we filed Plaintiffs’ Requests for Certificates
of Default as against all Defendants (Dkt. Nos. 16-17), true and correct copies of which are
being served on the Defendants, together with this letter. However, it has become apparent that
Plaintiffs will require additional time beyond August 3, 2022, in order to prepare, file, and serve
their Motion and evidentiary submissions, and therefore, the instant request is being made.
Accordingly, based on the foregoing, Plaintiffs respectfully request that: (1) the deadline
for Plaintiffs to file their anticipated Motion by Order to Show Cause for Entry of a Default
Judgment in a Sum Certain against Defendants be extended two weeks until Wednesday, August
17, 2022, and (2) the upcoming August 10, 2022 conference be adjourned to a date convenient for
the Court thereafter such filing.
Should the Defendants retain counsel or otherwise appear or respond on this matter prior
to this date, we will promptly apprise Your Honor of same. However, at this time, short of an
Answer being filed by Defendants, Plaintiffs’ only intention is to move for entry of a Default
Judgment in accordance with Your Honor’s rules.
This is Plaintiffs’ first request for an extension of time to file Plaintiffs’ Motion in this
matter, and this request will not affect any other dates or deadlines herein.
We thank the Court for its kind consideration on this matter, and we remain available to
provide any additional information.

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Case 1:22-cv-03342-LGS Document 20 Filed 08/02/22 Page 3 of 3

Respectfully submitted,
_______________________
Avraham Y. Scher, Esq.
Helen F. Dalton & Associates, P.C.
Attorneys for Plaintiffs
80-02 Kew Gardens Road, Suite 601
Kew Gardens, New York 11415
Tel.: [phone]

CC: all defendants via United States Certified First-Class Mailing To:
URION CONSTRUCTION LLC
(DOS ID: 5442607)
ATTENTION: HERIBERTO GONZALEZ SIRIAS
95 OLD BROADWAY
NEW YORK, NY 10027-7912
7021 2720 0001 9400 5464
USPS Tracking # __________________________

HERIBERTO GONZALEZ SIRIAS
63 BAYVIEW AVENUE
JERSEY CITY, NJ 07305
7021 2720 0001 9402 3444
USPS Tracking # __________________________

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