Charber Consultants, LLC v. G.O.A.T. Products LLC et al

Filing 72

ORDER denying without prejudice 67 Motion for Summary Judgment. Plaintiff Charber Consultants, LLC's ("Plaintiff") motion for summary judgment (ECF No. 67) against Defendants G.O.A.T. Products, LLC, and Michelle Winowich (together, the "Defendants"), is denied without prejudice for failure to comply with the Court's Individual Rules requiring submission of a Rule 56.1 Statement of Facts. Plaintiff is directed to refile the motion along with its Rule 56.1 Stateme nt of Facts and any supporting documents. The briefing schedule is now as follows: Plaintiff's motion papers shall be served (not filed) January 10, 2025; Defendants' opposition papers shall be served (not filed) February 24, 2025; Plaintif f's reply papers shall be served March 11, 2025. All motion papers are to be filed on the reply date, March 11, 2025, and the parties are to provide two sets of courtesy copies to Chambers as the papers are served.Additionally, upon review of th e docket, the Court determines that Defendant G.O.A.T. Products, LLC, a corporate entity, did not appear in this action by counsel as required. It was incumbent upon Plaintiff to seek a default judgment against said corporate entity, which it has fai led to do so. Accordingly, Plaintiff's remedy is to first seek a default judgment as against the corporate Defendant and then, if appropriate, seek summary judgment. The Clerk of Court is kindly directed to mail a copy of this Order to pro se Defendant at the address listed on ECF and to show service on the docket. The Clerk of Court is kindly directed to terminate the motion at ECF No. 67. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/26/2024) (mml)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 11/26/2024 CHARBER CONSULTANTS, LLC, Plaintiff, -againstG.O.A.T. PRODUCTS, LLC, MICHELLE WINOWICH. 7:22-CV-6045 (NSR) ORDER Defendants. NELSON S. ROMÁN, United States District Judge: Plaintiff Charber Consultants, LLC’s (“Plaintiff”) motion for summary judgment (ECF No. 67) against Defendants G.O.A.T. Products, LLC, and Michelle Winowich (together, the “Defendants”), is denied without prejudice for failure to comply with the Court’s Individual Rules requiring submission of a Rule 56.1 Statement of Facts. Plaintiff is directed to refile the motion along with its Rule 56.1 Statement of Facts and any supporting documents. The briefing schedule is now as follows: Plaintiff’s motion papers shall be served (not filed) January 10, 2025; Defendants’ opposition papers shall be served (not filed) February 24, 2025; Plaintiff’s reply papers shall be served March 11, 2025. All motion papers are to be filed on the reply date, March 11, 2025, and the parties are to provide two sets of courtesy copies to Chambers as the papers are served. Additionally, upon review of the docket, the Court determines that Defendant G.O.A.T. Products, LLC, a corporate entity, did not appear in this action by counsel as required. It was incumbent upon Plaintiff to seek a default judgment against said corporate entity, which it has failed to do so. Accordingly, Plaintiff’s remedy is to first seek a default judgment as against the corporate Defendant and then, if appropriate, seek summary judgment. The Clerk of Court is kindly directed to mail a copy of this Order to pro se Defendant at the address listed on ECF and to show service on the docket. The Clerk of Court is kindly directed to terminate the motion at ECF No. 67. Dated: November 26, 2024 White Plains, NY SO ORDERED: ________________________________ NELSON S. ROMÁN United States District Judge 2

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