Fred Alston et al v. Icon Parking Management, LLC et al

Filing 34

ORDER denying 28 Motion for Default Judgment. Accordingly, the motion for default judgment is defective and the Court cannot adjudicate the motion for a default judgment based on the evidence that has been provided. Plaintiff may supplement the motion with additional evidence to address this concern by October 1, 2024. If no additional evidence is forthcoming, the Court will deny the motion for default judgment. SO ORDERED.. (Signed by Judge Lewis J. Liman on 9/25/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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FRED ALSTON as Trustee of the Local 272 Labor:
Management Pension Fund and as Trustee of the Local :
272 Welfare Fund,
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Plaintiff,
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-v:
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ICON PAKRING MANAGEMENT LLC et. al.,
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Defendants.
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09/25/2024

24-cv-3073 (LJL)
ORDER

LEWIS J. LIMAN, United States District Judge:
Plaintiff has submitted a motion for default judgment and accompanying declarations and
exhibits to support his claimed damages. Dkt. Nos. 26–32.
Plaintiff has named three Defendants in this action: Icon Parking Management, LLC;
Icon Parking Holdings, LLC, and Icon Parking 3, LLC. Dkt. No. 1. However, in support of the
motion for default judgment, Plaintiff has submitted documents related to Metropolitan Parking
Association and to Citizens Icon Holdings, LLC. Dkt. Nos. 29-6; 29-7; 29-8; 29-9; 29-10.
Neither Plaintiff’s memorandum of law in support of the proposed default judgment nor
the accompanying declaration, Dkt. Nos. 29, 31, explain the relationship between Metropolitan
Parking Association and Citizens Icon Holdings, LLC to each other and to Defendants. In
particular, Plaintiff has offered no evidence that any of the three Defendants is a member of the
Metropolitan Parking Association or that the audit report with respect to Citizens Icon Holdings,
LLC establishes a deficiency with respect to any of the three Defendants. Accordingly, the
motion for default judgment is defective and the Court cannot adjudicate the motion for a default
judgment based on the evidence that has been provided.
Plaintiff may supplement the motion with additional evidence to address this concern by
October 1, 2024. If no additional evidence is forthcoming, the Court will deny the motion for
default judgment.
SO ORDERED.
Dated: September 25, 2024
New York, New York

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LEWIS J. LIMAN
United States District Judge