Abuladze et al v. Apple Commuter, Inc.. et al

Filing 242

ORDER Accordingly, it is ORDERED that Plaintiffs must move for an order to show cause why default judgment should not be entered against the Defendants Hotel at Times Square, NYMA, Moosazadeh and Diedrich, in accordance with the Federal Rules of Civil Procedure and the Local Rules of this Court, by no later than November 30, 2024. Failure to comply with this Order may, in itself, result in a report and recommendation that the claims against these Defendants be dismissed without prejudice. SO ORDERED. (Motions due by 11/30/2024.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 9/25/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KAKHA ABULADZE, et al.,
-v-

Plaintiffs,

APPLE COMMUTER INC., et al.,
Defendants.

22-CV-08684 (GHW) (RFT)
ORDER

ROBYN F. TARNOFSKY, United States Magistrate Judge:
On August 2, 2024, I granted Meltzer, Lippe, Goldstein & Breitstone LLP’s motion to
withdraw as counsel for two distinct defendants, Moosazadeh, Hamayoon, Diedrich, Michael
a/k/a Hotel at Times Square (“Hotel at Times Square”) and New York Marketing, Inc. a/k/a
NYMA (“NYMA”). (See ECF 240.) Defendant NYMA was directed to have replacement counsel
file a notice of appearance on its behalf in this action no later than September 5, 2024. By that
same date, Defendant Hotel at Times Square was directed to have replacement counsel file a
notice of appearance on its behalf or, as to the individuals, Mr. Moosazadeh and Mr. Diedrich,
to file a letter on the docket, stating whether they intend to proceed without a lawyer. (See id.)
On September 9, 2024, I sua sponte extended the time nunc pro tunc until September 20, 2024
for counsel to file a notice of appearance on behalf of Defendant NYMA and for either counsel
to file a notice of appearance on behalf of Defendant Hotel at Time Square or for Mr.
Moosazadeh and/or Mr. Diedrich to send the Court a letter indicating an intention to proceed
pro se. To date, replacement counsel has not filed a notice of appearance on behalf of
Defendant Hotel at Times Square or Defendant NYMA. Nor has Mr. Moosazadeh and/or Mr.
Diedrich sent the Court a letter indicating an intention to proceed pro se. (See ECF 241.)
Accordingly, it is ORDERED that Plaintiffs must move for an order to show cause why
default judgment should not be entered against the Defendants Hotel at Times Square, NYMA,

Moosazadeh and Diedrich, in accordance with the Federal Rules of Civil Procedure and the
Local Rules of this Court, by no later than November 30, 2024. Failure to comply with this
Order may, in itself, result in a report and recommendation that the claims against these
Defendants be dismissed without prejudice.
DATED: September 25, 2024
New York, New York

SO ORDERED.
__________________________
ROBYN F. TARNOFSKY
United States Magistrate Judge