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January 18, 2021 VIA ECF USDC SDNY DOCUMENT Honorable Robert W. Lehrburger ELECTRONICALLY FILED United States District Court DOC #: Southern District of New York DATE FILED: 1/19/2021 500 Pearl Street nee New York, NY 10007

Re: Guerin v. PSXDanielle LLC, 1:20-cv-04547 (ALC-RWL)

Dear Judge Lehrburger: We represent Plaintiff Charles Guerin in the above-captioned case and write to respectfully request an adjournment of the court conference scheduled for January 21, 2021, sine die, on grounds that Defendant PSXDanielle, LLC (“Defendant”) remains in default. (1) _ the original scheduled conference is January 21, 2021 at 3:30 p.m. [Dkt. #18]; (2) a previous request for adjournment was made on November 23, 2020 [Dkt. #12] (3) the previous request was granted at Dkt. #13; (4) — [have not been able to reach Defendant, which is not represented by counsel, and therefore do not know whether it consents; Due to Defendant’s failure to file a notice of appearance via counsel, Plaintiff intends to move for default judgment within 30 days. See Terex Fin. Servs., Inc. v. Carolina Forestry & Wildlife, LLC, No. 3:17-CV-00417 (VAB),

, at *1 (D. Conn. Oct. 18, 2017) (“Limited liability corporations must be represented by licensed counsel within the Second Circuit.”) (citing Lattanzio vy. COMTA,

, 140 (2d Cir. 2007) (requiring sole member LLC to appear through licensed counsel)). No other dates will be impacted.

Respectfully Submitted, s/jameshfreeman/ James H. Freeman

Liebowitz Law Firm, PLLC

Liebowitz @ Law Firm, PLLC Counsel for Plaintiff

DENIED. The conference will go forward. Although not a named defendant, Ms. Priano may participate. SO ORDERED: 1/19/2021 HON. ROBERT W. LEHRBURGER UNITED STATES MAGISTRATE JUDGE The Clerk's Office is directed to mail a copy of this Memo Endorsement to PSXDanielle LLC and note service on the docket: PSXDanielle LLC c/o Michelle Priano 1636 York Ave Apt. 2R New York, NY 10028