Castillo v. Z Deli Grocery V Corp

• Court: District Court, S.D. New York
• Decided: January 13, 2023
• Docket: 1:21-cv-01744
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------X ENRIQUE CASTILLO, ORDER

Plaintiff, 21-CV-1744 (GBD) (JW)

-against-

Z DELI GROCERY V CORP d/b/a Z Grill, ALI ESMAEL ZIAD, and MOHAMMED ZIAD, individually,

Defendants. -----------------------------------------------------------------X JENNIFER E. WILLIS, United States Magistrate Judge: For the reasons stated on the record during the parties’ January 13, 2023 conference, Defendants’ counsel’s motion to withdraw is GRANTED. Z Deli Grocery V Corp d/b/a Z Grill must obtain new counsel by February 3, 2023. See Stolt-Nielsen Transp. Group B.V. v. Edible Oil Trading Corp., No. 06-CV-0703 (NRB), 2007 WL 4103815, at *1 (S.D.N.Y. Nov. 9, 2007) (“Corporate parties may not proceed pro se and must be represented by an attorney. Failure to appear by counsel can result in the entry of a default judgment or dismissal of claims presented.”) (internal citation omitted). Individual Defendants Ali Esmael Ziad and Mohammed Ziad must either obtain new counsel or appear pro se by February 3, 2023. To proceed pro se, the Individual Defendants must complete and email the Notice of Pro Se Appearance form (the “Notice”) available at https://www.nysd.uscourts.gov/node/826 to Temporary_Pro_Se_Filing@nysd.uscourts.gov. If the Individual Defendants proceed pro se, the Court strongly recommends that they consent to electronic service on the Notice. By February 3, 2023, Z Grill’s new counsel and the Individual Defendants, if they appear pro se, or the Individual Defendants’ new counsel must file a letter stating when they anticipate being ready for trial. If Z Grill and the Individual Defendants proceed without counsel or the Individual Defendants fail to participate pro se, Plaintiff can proceed with this action by taking steps to obtain a default judgment against them. Defendants’ now former counsel, Michael Chong, must email this Order and the Notice to Defendants. Defendants shall email Chong a physical address for Chong to mail a hard copy of this Order and the Notice to Defendants as well. All other deadlines and trial in this case are adjourned sine die. SO ORDERED. DATED: New York, New York January 13, 2023

United States Magistrate Judge