Toro v. GMT Games, LLC

• Court: District Court, S.D. New York
• Decided: February 15, 2023
• Docket: 1:22-cv-06011
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JASMINE TORO, et al., Plaintiffs, -against- Case No. 1:22-cv-06011 (JLR) GMT GAMES, LLC, ORDER Defendant.

JENNIFER L. ROCHON, United States District Judge: On November 28, 2022, Plaintiff filed her First Amended Complaint in this action. ECF No. 17. In turn, the Court dismissed Defendant’s motion to dismiss the original complaint. ECF No. 18. Service of the First Amended Complaint was effective on November 28, 2022 because Defendant had already appeared and because Defendant’s counsel is registered using the Court’s electronic filing systems. See Fed. R. Civ. P. 5 (b)(1), (b)(2)(E) (“A paper is served under this rule by . . . sending it to a registered user by filing it with the court’s electronic-filing system .. .); Masterson v. NY Fusion Merch., LLC, 300 F.R.D. 201, 205 (S.D.N.Y. 2014) (“In cases assigned to the ECF system, service is complete when a NEF is transmitted to all parties.”). Nevertheless, to date, Defendant has not responded to the First Amended Complaint. Accordingly, IT IS HEREBY ORDERED Plaintiff shall file a motion for default judgment in accordance with the Court’s Individual Rules and Local Rule 55 no later than March 3, 2023. Failure to timely file a motion for default judgment may result in dismissal for failure to prosecute. Dated: February 15, 2023 SO ORDERED. New York, New York

United States District Judge