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14-5474 - Bhagwat v. Queens Carpet Mall, Inc. et al

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14-5474 - Bhagwat v. Queens Carpet Mall, Inc. et al
April 11, 2017
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, In line with the foregoing, Magistrate Judge Kuo's Report and Recommendation, dated 3/10/17 (ECF Dkt. #18), is adopted, in its entirety, as the opinion of the Court. The motion for default judgment (ECF Dkt. #15) is, therefore, denied, in its entirety, without prejudice. Pltff is granted leave to file, no later than 4/28/17, an amended complaint that includes purported opt-in pltff Naresh Persaud as a named pltff. If pltff intends for the amended complaint that was filed, without prior leave of the Court, on 3/16/17 (ECF Dkt. #19), to serve this purpose, then pltff shall re-file it, no later than 4/28/17. If an amended complaint is filed, then pltff shall promptly serve it upon defts. Pltff is further directed to promptly serve a copy of this Order upon defts. (Ordered by Judge Eric N. Vitaliano on 4/11/2017) c/m (Galeano, Sonia)
November 21, 2017
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however, must be properly served and filed within 30 days of the entry of this order on the docket. Failure to do so will result in the denial of the motion for default judgment and the dismissal of this action for failure to prosecute. Once again, MEMORANDUM AND ORDER, For these reasons, pltffs have failed to comply with Local Civil Rules 55.1 and 55.2, and the Court's individual rules, and their motion for default judgment, Dkt. #26, is denied without prejudice and with leave to renew, but only in a manner that complies with the Court's local and individual rules. The Court will, in this instance, permit pltffs to renew their motion on the basis of the certificates of default previously issued by the Clerk. That renewed motion,pltffs are advised that this Order may not contain an exhaustive recitation of the deficiencies in their moving papers. Accordingly, they are cautioned to re-examine all of the rules applicable to default judgment motions and to comply strictly with each of them. (Ordered by Judge Eric N. Vitaliano on 11/09/17) c/m (Galeano, Sonia)