Yunga et al v. DeityNY LLC et al

Filing 26

DEFAULT JUDGMENT ORDER: Accordingly, it is hereby: ORDERED, ADJUDGED AND DECREED: That Plaintiff MIRIAN YUNGA, has a judgment against Defendants DEITYNY LLC d/b/a DEITY NEW YORK, and RENEE BISHOP, as an individual, jointly and severally, in the liquidated amount of $129,214.86 plus attorney's fees and statutory post-judgment interest accruing pursuant to 28 U.S.C. § 1961, from the date of entry of judgment, until judgment is paid in full. The Clerk is directed to close ECF No. 21 and to close this case. Any motion for fees and costs shall be filed within 30 days. (Signed by Judge J. Paul Oetken on 11/13/2023) (ate)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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MIRIAN YUNGA, individually and on behalf of all others
similarly situated,
-against-

Plaintiff,

DEITYNY LLC d/b/a DEITY NEW YORK, and RENEE
BISHOP, as an individual,

Civil Docket No.:
23-cv-04765-JPO-RWL
DEFAULT
JUDGMENT ORDER

Defendants.
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This action was commenced by filing of a Summons and Complaint on June 6th, 2023. A
copy of the Summons and Complaint was served by personal delivery on Defendants as follows:
1. On June 14, 2023, Corporate Defendant DEITYNY LLC d/b/a DEITY NEW YORK
was duly served with process via the Office of the Secretary of State, pursuant to N.Y.
Business Corporation Law § 306. (See Proof of Service attached hereto as Exhibit B).
2. Defendant DEITYNY LLC d/b/a DEITY NEW YORK was required to interpose an
answer due by July 5, 2023, which it failed to do.
3. On September 8, 2023, a copy of the Summons and Complaint was served on individual
Defendant RENEE BISHOP, by personally serving John Doe (refused full name), cotenant, a person of suitable age and discretion, co-residing there at 377 E 33rd St., Apt
19E, New York, NY 10016. (See Proof of Service attached hereto as Exhibit C).
4. Defendant RENEE BISHOP failed to develop any information that she was in the
military upon service of process on each of the above-referenced dates of service. Upon
information and belief, Defendant RENEE BISHOP is not in the military nor dependent
upon anyone in the military.

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5. Upon information and belief, Defendant RENEE BISHOP is not an infant nor
incompetent. Defendant RENEE BISHOP is an adult and is the owner of the Defendant
corporate entity sued within.
6. Defendant RENEE BISHOP was required to interpose an answer due by September 29,
2023. Defendant RENEE BISHOP has failed to interpose an answer.
7. At no point in this matter has Defendant RENEE BISHOP retained or been represented
by counsel, nor has Defendant RENEE BISHOP formally appeared in this matter.
8. On October 6, 2023, counsel for Plaintiff MIRIAN YUNGA filed a Request for
Certificates of Default and such Default was noted by the clerk of the Court on October
6, 2023, as against corporate Defendant DEITYNY LLC d/b/a DEITY NEW YORK
and RENEE BISHOP, as an individual, for their failure to appear or defend this Action.
See, Exhibit D, the Certificate of Default entered against DEITYNY LLC d/b/a DEITY
NEW YORK; and Exhibit E, the Certificate of Default entered against RENEE
BISHOP, as an individual.
9. On October 6, 2023, Plaintiff served Defendants with true and correct copies of the
Certificates of Default entered against Defendants, via certified United States FirstClass Mailing, with proof of service and tracking annexed thereto. See Exhibit F.
10. Notwithstanding the foregoing, as of the date of this filing, at no point hereto have any
of the Defendants responded to the complaint herein, moved, retained counsel on this
matter, or otherwise appeared on this matter.
11. Defendants have been properly served, are aware of Plaintiff’s Complaint, and of
pendency of this matter against them, and have failed or refused to appear or otherwise
defend in this matter.

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12. Defendant DEITYNY LLC d/b/a DEITY NEW YORK has been properly served and
is aware of the Complaint against it and has failed to provide a response.
13. Defendant RENEE BISHOP has been properly served and is aware of the Complaint
against her and has failed to provide a response.
14. The Defendants herein have been properly served, are aware of Plaintiff’s Complaint
and of pendency of this matter against them, and have failed or refused to appear or
otherwise defend in this matter.
15. As of the date of this filing, Defendants have demonstrated no intention to appear.
16. Accordingly, it is hereby:
ORDERED, ADJUDGED AND DECREED: That Plaintiff MIRIAN YUNGA, has a judgment
against Defendants DEITYNY LLC d/b/a DEITY NEW YORK, and RENEE BISHOP, as an
individual, jointly and severally, in the liquidated amount of $129,214.86 plus attorney’s fees and
statutory post-judgment interest accruing pursuant to 28 U.S.C. § 1961, from the date of entry
of judgment, until judgment is paid in full.
The Clerk is directed to close ECF No. 21 and to close this case.
Any motion for fees and costs shall be filed within 30 days.

November 13, 2023

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MIRIAN YUNGA, individually and on behalf of all others similarly situated,
Plaintiff,
-againstDEITYNY LLC d/b/a DEITY NEW YORK, and RENEE BISHOP, as an individual,
Defendants,
DEFAULT JUDGMENT ORDER
HELEN F. DALTON & ASSOCIATES, P.C.
Attorneys for Plaintiff
80-02 Kew Gardens Road
Suite 601
Kew Gardens, New York 11415
Phone [phone]
Fax [phone]
TO:
DEITYNY LLC d/b/a DEITY NEW YORK
377 E 33rd St., Apt 19E, New York, NY 10016
RENEE BISHOP
377 E 33rd St., Apt 19E, New York, NY 10016

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