Raamanuj v. Zaika Food Company LLC

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED SHARMA RAAMANUJ, DOC # DATE FILED: _ 8/2/2021 Plaintiff, -against- 20 Civ. 4317 (AT) ZAIKA FOOD COMPANY LLC (D/B/A ZAIKA), ORDER MANDEEFP S OBEROI, and POOJA S PATEL,

Defendants. ANALISA TORRES, District Judge: The Court has reviewed Plaintiff's supporting materials for default judgment at ECF Nos. 46-49. The Court concludes that the materials fail to comply with Attachment A to the Court’s Individual Practices in Civil Cases. Attachment A requires an “affidavit or declaration signed by a party with personal knowledge . . . which sets forth a statement of proposed damages and the basis for each element of damages, including a step-by-step explanation of each calculation.” (emphasis added). Plaintiff submitted an affidavit signed by his attorney, who is not a party with personal knowledge, and an unsigned statement of damages. ECF Nos. 34, 47, 49. This is the Court’s second such clarification. ECF No. 36. Accordingly, by August 6, 2021, Plaintiff shall re-submit materials for default judgment in accordance with Attachment A to the Court’s Individual Practices. Plaintiff is reminded that, under Rule 41(b) of the Federal Rules of Civil Procedure, an action may be dismissed “[i]f the plaintiff fails to prosecute or to comply with [the Federal Rules] or a court order” and that “[d]ismissal is warranted where there is a lack of due diligence in the prosecution of the lawsuit by [the] plaintiff.” West v. City of New York, 130 F.R.D. 522, 524 (S.D.N.Y. 1990). This is the Court’s second warning that Plaintiffs lack of due diligence will result in dismissal of this action. ECF No. 43. SO ORDERED. Dated: August 2, 2021 New York, New York

ANALISA TORRES United States District Judge