De La Cruz v. MDBH Mobile 3 Inc.

——— summnarsian □□ DOCUMENT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #:, : eX DATE FILED: 532004; KEVIN DE LA CRUZ, et al., Plaintiffs, 22-CV-03053 (SN) -against- ORDER MDBH MOBILE 3 INC., et al., Defendants. □□□□□□□□□□□□□□□□□□□□□□□□□□□ +--+ □□□□□□□□□□□□□□□□□□□□□□□□□□ SARAH NETBURN, United States Magistrate Judge: Defense counsel, Kevin Johnson, appears to have abandoned this case. He has not appeared or otherwise engaged with this litigation since February 26, 2024. On March 18, 2024, the Court sanctioned Mr. Johnson for missing a court appearance and for ignoring multiple filing deadlines. Since then, Mr. Johnson failed to submit required ex parte settlement materials. The Court canceled the May 2, 2024 settlement conference after Mr. Johnson failed to confirm that he and his clients would attend. Mr. Johnson was ordered to show cause by April 30, 2024, why the Court should not enter a default against the Defendants and impose additional sanctions against Mr. Johnson. To date, Mr. Johnson has not responded to that Order.

At this time, the Defendants are in default because of Mr. Johnson’s abandonment. To avoid further prejudice to the Defendants, the Court is sending this order to any available addresses the Court can locate for the Defendants. The Defendants are warned that a default judgment may be entered against them for the money damages sought in this case if the Defendants do not appear through counsel.

If the Defendants do not appear through counsel by May 31, 2024, the Plaintiffs are directed to file a motion for default judgment seeking both a liability and damages finding.

SO ORDERED. pte Ma SARAHNETBURN |” United States Magistrate Judge DATED: May 3, 2024 New York, New York cc: Moris Hasbani, 14 W. 125" St., New York, NY 10027 MRBH Mobile Inc., 1618 Westchester Ave., Bronx, NY 10472 MDBH Mobile 7 Inc., 271 W. 125" St., New York, NY 10027 MDBH Mobile 3 Inc., 2085 Lexington Ave., New York, NY 10035 MDBH Mobile Inc., 14 W. 125" St., New York, NY 10027 Cell Phones of Harlem, Inc., 16 W. 125" St., New York, NY 10027 High Speed Wireless 1618, Inc., 1618 Westchester Ave., Bronx, NY 10472 GH Wireless II, Inc., 43 S. 4" Ave., Mount Vernon, NY 10550