UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHRISTOPHER LOADHOLT, Plaintiff, 22-cv-3977 (ALC) -against- ORDER ORTHOFEET, INC., Defendant. ANDREW L. CARTER, JR., United States District Judge: Following the Court’s July 18, 2023 Order directing Plaintiff move for default judgment, Defendant OrthoFeet, Inc. (“OrthoFeet”) filed a late Answer in response to the Amended Complaint. “If an answer is filed late, the court may treat the issue as one of default.” Liang v. Home Reno Concepts, LLC,

, 446 (2d Cir. 2020) (citing John v. Sotheby’s, Inc.,

(S.D.N.Y. 1992) (“The filing of a late answer is analogous to a motion to vacate a default.”)). The deadlines in the Court’s July 18, 2023 Order remain in effect. If Plaintiff seeks to move for default judgment, he must seek a certificate of default by July 25, 2023 and must file a motion for default judgment by August 15, 2023. If Defendant seeks to oppose the motion for default judgment, it may do so in writing, addressing the factors under Enron Oil Corp. v. Diakuhara,

(2d Cir. 1993), by August 29, 2023. So Ordered.

Dated: July 21, 2023 New York, New York ANDREW L. CARTER, JR. United States District Judge