Rahman v. Red Chili Indian Cafe, Inc.

UNITED STATES DISTRICT COURT USDC-SDNY SOUTHERN DISTRICT OF NEW YORK DOCUMENT ELECTRONICALLY FILED DOC#: MAHFUJUR RAHMAN and LITON SHAH, DATE FILED: 3-/-& [30 Plaintiffs, v. 17-CV-5156 (RA) RED CHILI INDIAN CAFE, INC., MOHAMMED MOJNU MIAH a/k/a SHEIKH MOHAMMED MOJNU, and ORDER NOOR ISLAM, a/k/a MOHAMMED HARUN MIAH, Defendants.

RONNIE ABRAMS, United States District Judge: For the reasons discussed at the conference on February 10, 2020, Plaintiffs’ motion for a default judgment against Defendants Mohammed Mojnu Miah and Noor Islam is denied. As to Defendant Red Chili Indian Café, Inc., Plaintiffs’ motion for a default judgment is also denied. Defendant Red Chili Indian Café, Inc. will be given one more opportunity to find counsel to represent it in this action, which it must, given that a corporation may not proceed pro se. See Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983). If it does not obtain representation and file a responsive pleading by April 27, 2020, Plaintiffs’ motion for default judgment against it will be granted. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 71 and mail a copy of this Order to Defendants Mohammed Mojnu Miah and Noor Islam.

SO ORDERED.

Dated: February 26, 2020 New York, New York ee Ronnje Abrams United States District Judge