Almanzar v. BX Auto Concept Corp.
- Stewart Aaron
- 1:24-cv-06146
- U.S. District Court · Southern District of New York
- 2
In Almanzar v. BX Auto Concept, Judge Aaron extended defendants’ deadline and limited future court communications to authorized representatives.
The defendants—BX Auto Concept Corp., Bronx Auto Concept Corp., and Gerardo Ortega—were given a new opposition deadline and instructions about who may communicate with the court. Almanzar was directed to mail them the order.
What happened
In Antonio De La Cruz Almanzar v. BX Auto Concept Corp., et al., a person named Madelynn Miranda asked the court to extend the deadline for defendants to file “all papers.” The opinion does not say what relationship, if any, Miranda had with the defendants.
The court extended the February 7, 2025 deadline for defendants to oppose Almanzar’s proposed findings of fact and conclusions of law to February 21, 2025. The court did not extend every possible filing deadline. It also said that future communications from the two corporate defendants must come from licensed lawyers who have formally appeared for them, or from Gerardo Ortega, the individual defendant.
Judge Stewart D. Aaron issued the order on January 21, 2025. He directed Almanzar to mail a copy of the order to the defendants.
The detailed version
- Almanzar v. BX Auto Concept Corp. · No. 1:24-cv-06146
- Stewart Aaron
- Jan. 21, 2025
Background
Antonio De La Cruz Almanzar brought the case individually and on behalf of others described as similarly situated against BX Auto Concept Corp., Bronx Auto Concept Corp., and Gerardo Ortega. The opinion concerns a January 17, 2025 letter filed by Madelynn Miranda. Miranda asked the court to extend defendants’ deadlines to file “all papers,” but she did not identify her relationship, if any, to the defendants or specify which papers she meant.
Court’s Action
As a courtesy, the court extended the existing February 7, 2025 deadline for defendants to file their opposition to Almanzar’s proposed findings of fact and conclusions of law. The new deadline was February 21, 2025. The order does not state that the court extended any other deadline.
The court also advised defendants that it would accept future communications only from licensed counsel who had filed a notice of appearance for BX Auto Concept Corp. and/or Bronx Auto Concept Corp., or from Gerardo Ortega. A notice of appearance is a filing by which a lawyer formally identifies that the lawyer represents a party in the case. The order noted that a corporation cannot represent itself in federal court and must appear through licensed counsel.
Disposition
Judge Stewart D. Aaron ordered the limited deadline extension and imposed the stated requirements for future communications. He directed Almanzar to serve a copy of the order on defendants by mail.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.