Picon v. So Icy, Inc.

S.D. New York

Picon v. So Icy, Inc.

DecidedJuly 22, 2025

Docket1:25-cv-00990

StatusUnknown

This text of Picon v. So Icy, Inc. (Picon v. So Icy, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Picon v. So Icy, Inc., (S.D.N.Y. 2025).

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=~ | LAW OFFICE OF Garrict A. Levy, PC.

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July 22, 2025 USDC SDNY DOCUMENT Hon. Judge Gregory H. Woods ELECTRONICALLY FILED United States District Judge DOC #: United States Courthouse DATE FILED: _ 7/22/2025 500 Pearl Street New York, NY 10007 MEMORANDUM ENDORSE RE: PICON v. SO ICY, INC. DOCKET NO. 1:25-cv-990 Dear Judge Woods: The undersigned represents Plaintiff Yelitza Picon in the above-referenced matter. I write to provide a status update and respectfully request that the upcoming conference be cancelled and that Plaintiff be granted 30 days to move for default judgment. Since my last letter to the Court (Doc. 7), I was able to speak with an employee of So Icy, Inc., but I have not received any response from someone authorized to discuss this case. Accordingly, Plaintiff requests that the conference be cancelled and that the Court grant 30 days to move for default judgment in accordance with Your Honor’s rules.

Thank you for your time and consideration on this matter.

Respectfully, /s/ Gabriel A. Levy Application granted. The initial pretrial conference scheduled for July 30, 2025 is adjourned sine die. The Court expects that an application for an order to show cause why default judement should not be entered in this matter will be filed no later than Au 21, 2025. The Court expects that any application for an order to show cause why default judgment should not be entered will comply with the Court’s Individual Rules, specifically Attachment A to the Individual Rules of Practice in Civil Cases. The Co reminds the parties that in order for the Court to enter default judgment, the Court must determine whether Plaintiffs allegatic establish liability as a matter of law, accepting factual allegations as true, except those relating to damages, and drawing all reasonable inferences in PlaintifPs favor. See Finkel v. Romanowicz, 577 F.3d 79, 84 (2d Cir. 2009). The Court’s decision in Sook Fresh Clean Threads, Inc, 754 F. Supp. 3d 395 (S.D.N.Y. 2024), may be instructive as to whether the Court can find liability in th case. Plaintiff is directed to serve a copy of this order on Defendant and to retain proof of service. The Clerk of Court is dire: to terminate the motion pending at Dkt. No. 9. SO ORDERED. Dated: July 22, 2025 Ab Wb2eed— New York, New York GRE WOODS United States District Judge

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=~ | LAW OFFICE OF Garrict A. Levy, PC.

sm Lom Colgate stolll (cAe-laeMeStETI KR OY □□□ haw LOCO 7) (aur len leReeli 3 ZA Bie Wa io)

July 22, 2025 USDC SDNY DOCUMENT Hon. Judge Gregory H. Woods ELECTRONICALLY FILED United States District Judge DOC #: United States Courthouse DATE FILED: _ 7/22/2025 500 Pearl Street New York, NY 10007 MEMORANDUM ENDORSE RE: PICON v. SO ICY, INC. DOCKET NO. 1:25-cv-990 Dear Judge Woods: The undersigned represents Plaintiff Yelitza Picon in the above-referenced matter. I write to provide a status update and respectfully request that the upcoming conference be cancelled and that Plaintiff be granted 30 days to move for default judgment. Since my last letter to the Court (Doc. 7), I was able to speak with an employee of So Icy, Inc., but I have not received any response from someone authorized to discuss this case. Accordingly, Plaintiff requests that the conference be cancelled and that the Court grant 30 days to move for default judgment in accordance with Your Honor’s rules.

Thank you for your time and consideration on this matter.

Respectfully, /s/ Gabriel A. Levy Application granted. The initial pretrial conference scheduled for July 30, 2025 is adjourned sine die. The Court expects that an application for an order to show cause why default judement should not be entered in this matter will be filed no later than Au 21, 2025. The Court expects that any application for an order to show cause why default judgment should not be entered will comply with the Court’s Individual Rules, specifically Attachment A to the Individual Rules of Practice in Civil Cases. The Co reminds the parties that in order for the Court to enter default judgment, the Court must determine whether Plaintiffs allegatic establish liability as a matter of law, accepting factual allegations as true, except those relating to damages, and drawing all reasonable inferences in PlaintifPs favor. See Finkel v. Romanowicz, 577 F.3d 79, 84 (2d Cir. 2009). The Court’s decision in Sook Fresh Clean Threads, Inc, 754 F. Supp. 3d 395 (S.D.N.Y. 2024), may be instructive as to whether the Court can find liability in th case. Plaintiff is directed to serve a copy of this order on Defendant and to retain proof of service. The Clerk of Court is dire: to terminate the motion pending at Dkt. No. 9. SO ORDERED. Dated: July 22, 2025 Ab Wb2eed— New York, New York GRE WOODS United States District Judge

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