Cichon v. New Roc Parcel 1A Retail, LLC et al

Filing 27

MEMO ENDORSED ORDER granting 26 Motion to Vacate 26 CONSENT MOTION to Vacate 21 Clerk's Certificate of Default . ENDORSEMENT: Defendant New Roc BLT 1, LLC's ("New Roc") request is GRANTED. The Clerk of the Court is directed to vacate the Certificate of Default entered against New Roc at ECF No. 21. The Clerk of the Court is further directed to terminate the motion at ECF No. 26. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/27/24) (yv)

Littler Mendelson, PC 
290 Broadhollow Road 
Suite 305 
Melville, NY  11747 

03/27/2024

Matthew R. Capobianco 
631.247.4736 direct 
631.247.4700 main 
[e-mail] 

March 26, 2024

VIA ECF
Honorable Nelson Stephen Roman
United States Magistrate Judge
Southern District of New York
300 Quarropas Street
White Plains, New York 10601
Re:

Defendant New Roc BLT 1, LLC's ("New Roc") request is
GRANTED. The Clerk of the Court is directed to vacate the
Certificate of Default entered against New Roc at ECF No. 21.
The Clerk of the Court is further directed to terminate the
motion at ECF No. 26.
Dated: March 27, 2024
White Plains, NY

Katarzyna Cichon v. New Roc BLT 1, LLC et al.
Case No. 7:23-cv-11129 (NSR)

Dear Judge Roman:
This office represents Defendant Texas Roadhouse Holdings, LLC in the above-referenced matter
(Dkt. No. 11). We write, with the consent of Plaintiff’s counsel, to: (1) advise the Court that this
office now represents Defendant New Roc BLT 1, LLC (“New Roc”) as well in the action (Dkt.
No. 23); and (2) respectfully request that the Clerk’s Certificate of Default be vacated or otherwise
set aside.
Due to an administrative error/miscommunication, Defendant New Roc failed to timely respond
to the Amended Complaint. The undersigned discussed the error to Plaintiff’s counsel and
Plaintiff’s counsel has consented to the request that the Clerk’s Certificate of Default be vacated.
In an effort to lessen any impact this may have on the instant action, New Roc has already filed
their corporate disclosure statement (Dkt. 24) and response to the Amended Complaint (Dkt. No.
25).
We thank the Court for its consideration of our request and apologize for any inconvenience this
may have caused.
Respectfully submitted,
/s/ Matthew R. Capobianco
Matthew R. Capobianco
4888-6796-1266.1
/ 069343-1300