Gonzalez v. H.K. Second Ave Restaurant Inc.

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED:_ 3/1/2023 LUIS GONZALEZ and JULIO SANCHEZ ESPINOZA, Plaintiffs, 1:20-cv-4271-(MKV) -against- ORDER DENYING MOTION H.K. SECOND AVE RESTAURANT INC., FOR DEFAULT JUDGMENT SHAHEEN KHAN, and MAHA KHONDOKER, Defendants. MARY KAY VYSKOCIL, United States District Judge: On March 1, 2023, the Court held a hearing on Plaintiffs’ second motion for default judgment in this matter. For all of the reasons the Court explained on the record at the hearing, including the failure to properly serve the defendants, which was acknowledged by counsel during the hearing and highlighted in the information supplied in support of the request for attorneys’ fees, Plaintiffs’ motion for a default judgment is DENIED without prejudice to renewal on or before May 1, 2023. The Court previously has twice discontinued this case for failure to prosecute. [ECF Nos. 14, 29]. This is Plaintiffs’ final warning. If Plaintiffs fail to prosecute the case, this action will be dismissed with prejudice for failure to prosecute on May 1, 2023. See LeSane v. Hall’s Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)).

SO ORDERED. | i / . Date: March 1, 2023 MARY RAY New York, NY United States Dis¢rict Judge