Finkelstein v. Fox

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX DAVID FINKELSTEIN, individually and on behalf of all : others similarly situated, : Plaintiff, : 24-CV-4056 (JMF) -v- : ORDER ANDREW FOX et al., : Defendants. : wee KX JESSE M. FURMAN, United States District Judge: On August 20, 2025, Defendants Benjamin Carson, Jr, James Murphy, Phillip P. Scala appeared and filed an opposition to Plaintiff's motion for default judgment. See ECF Nos. 142- 43. In light of the strong presumption in favor of adjudication on the merits, see, e.g., Cody v. Mello, 59 F.3d 13, 15 (2d Cir. 1995), the Court is inclined to extend nunc pro tunc the answer deadline for those Defendants to September 15, 2025, and cancel the default judgment hearing scheduled for August 27, 2025. ECF No. 136. No later than noon on August 25, 2025, Plaintiff shall file a letter indicating if he has any objection to that approach. SO ORDERED. Dated: August 21, 2025 New York, New York JESSE URMAN nited States District Judge