De Jesus v. Fordham Fulton Realty, Corp.

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED JUAN ELIAS DE JESUS, individually and on DOC # behalf of other employees similarly situated, DATE FILED: 11/5/2021 __ Plaintiff, -against- 20 Civ. 10951 (AT) FORDHAM FULTON REALTY, CORP. and ORDER LOTUS MANAGEMENT SERVICES, INC., Defendants.

ANALISA TORRES, District Judge: On December 28, 2021, Plaintiff Juan Elias De Jesus brought this action against Defendants Fordham Fulton Realty, Corp. and Lotus Management Services, Inc. ECF No. 1.

Defendant Fordham Fulton Realty appeared in this action. See ECF Nos. 16-25. On September 24, 2021, the Court granted Fordham Fulton Realty’s attorney’s motion to withdraw. ECF No. 29. The Court warned Fordham Fulton Realty that it “must appear through an attorney to continue defending itself in this action because a corporation is not permitted to appear in court unless it does so through a lawyer. See Pecarsky v. Galaxiworld.com Ltd., 249 F.3d 167, 172 (2d Cir. 2001).” ECF No. 29 at 2; ECF No. 31. The Court instructed Fordham Fulton Realty to inform the Court whether it had retained new counsel by October 8, 2021. ECF No. 29. The Court then extended the deadline until October 25, 2021. ECF No. 31. As of the date of this Order, Fordham Fulton Realty has not informed the Court whether it has retained new counsel.

As all Defendants, therefore, have not appeared or are unable to appear in this Court, by December 3, 2021, Plaintiff shall move for entry of default and default judgment in accordance with Rule 55 of the Federal Rules of Civil Procedure, Local Civil Rule 55.1, and Attachment A of this Court’s Individual Practices in Civil Cases. The status conference set for November 16, 2021 is ADJOURNED sine die.

SO ORDERED.

Dated: November 5, 2021 New York, New York ANALISA TORRES United States District Judge