Daniella Kim v. E3 Hospitality, LLC, et al.

Opinion

DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC# DANIELLA KIM. DATE FILED:_ 11/03/2025 Plato, 25-CV-04636 (MMG) against: ORDER SCHEDULING E3 HOSPITALITY, LLC, et al., DEFAULT ILDOMERNT BRIEFING Defendants.

MARGARET M. GARNETT, United States District Judge: Plaintiff Daniella Kim (“Plaintiff”) filed this action against Defendants E3 Hospitality, LLC and Elyas Popa (together, “Defendants”) on June 3, 2025. See Dkt. No. 1. Plaintiff purports to have served Defendants on June 17, 2025. See Dkt. Nos. 7, 8. Defendants have not appeared and appear to be in default. It is hereby ORDERED that if Defendants do not respond to the Complaint or appear by November 7, 2025, then by November 14, 2025, Plaintiff must file any motion for default judgment in accordance with the Court’s Individual Rules & Practices. If Plaintiff's counsel submits calculations in support of any motion for default judgment, Plaintiff's counsel shall also email native versions of the files with the calculations (i.e., versions of the files in their original format, such as in “.xlsx”) to Chambers at GammettNYSDChambers@nysd.uscourts. gov. Plaintiff shall serve a copy of this Order on Defendants by first-class mail and/or by in-person service within two business days from the date of this Order, and shall file proof of such service within three business days of the date of this Order. In the event Plaintiff files a motion for default judgment, Plaintiff shall serve the motion papers on Defendants by November 18, 2025, and shall file proof of such service by November 20, 2025. It is further ORDERED that Defendants shall file any opposition to any motion for default judgment by November 28, 2025. If this case has been settled or otherwise terminated, Plaintiff is not required to move for default, provided that a stipulation of discontinuance, voluntary dismissal or other proof of termination is filed on the docket prior to the date of the conference, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19 & App’x A, available at https://www.nysd.uscourts. gov/electronic-case-filing. However, the Court notes that in the event of a settlement and dismissal under Rule 41 of the Federal Rules of Civil Procedure, the settlement — including any proposed attorney’s fee award — must be scrutinized by the Court to ensure that it is fair. See Cheeks v. Freeport Pancake House,

Inc., 796 F.3d 199 (2d Cir. 2015) (holding that “stipulated dismissals settling FLSA claims with prejudice require the approval of the district court or the DOL to take effect”). Dated: November 3, 2025 New York, New York SO ORDERED.

United States District Judge