Dervisevic v. Desai Real Estate Group LLC
- Gregory Woods
- 1:24-cv-09347
- U.S. District Court · Southern District of New York
- 2
In Dervisevic v. Desai Real Estate Group LLC, Judge Woods vacated the entry of default against two defendants and set new deadlines.
DREG and Northwest had the entries of default against them vacated, received 30 days from the order to respond to the complaint, and will participate in the rescheduled case proceedings. Dervisevic’s requested default-judgment process was postponed, and the case will proceed toward mediation and pretrial proceedings.
What happened
In Dervisevic v. Desai Real Estate Group LLC, Zaim Dervisevic sued Desai Real Estate Group LLC and Northwest Realty Management Corp. The clerk entered defaults against both defendants after they were served but did not respond by the time the clerk issued the certificates of default.
Dervisevic then sought an order leading to a default judgment. Counsel for both defendants appeared and asked the court to cancel the default entries. The opinion says Dervisevic consented to that request.
Judge Woods granted the defendants’ motion to vacate the entry of default. The court postponed the scheduled hearing, gave the defendants 30 days from the order to answer or otherwise respond, and moved the initial pretrial conference to November 12, 2025. The case was also automatically referred to mediation because Dervisevic asserted Fair Labor Standards Act claims.
The detailed version
- Dervisevic v. Desai Real Estate Group LLC · No. 1:24-cv-09347
- Gregory Woods
- May 27, 2025
Background
Zaim Dervisevic began this action on December 9, 2024. The opinion states that Desai Real Estate Group LLC (DREG) and Northwest Realty Management Corp. were served in December 2024. On April 21, 2025, the Clerk of Court issued certificates of default against both defendants, meaning the clerk recorded that they had not responded within the required period.
Dervisevic later applied for an order to show cause why default judgment should not be granted. The court issued that order. Counsel for DREG and Northwest then appeared and moved to vacate, or cancel, the clerk’s certificates of default. The court understood that Dervisevic consented to vacatur and relied on the preference for resolving disputes on their merits.
Ruling
The court granted the defendants’ motion to vacate the entry of default against DREG and Northwest. It adjourned the June 10, 2025 hearing without setting a new date and extended the defendants’ deadline to answer or otherwise respond to the complaint to 30 days from the date of the order.
The court also adjourned the initial pretrial conference from July 11, 2025 to November 12, 2025, at 4:00 p.m. The parties’ deadline to file their joint letter and proposed case-management plan was extended to November 5, 2025. Because Dervisevic asserted claims under the Fair Labor Standards Act, the case was automatically referred to the court-annexed mediation program. The Clerk was directed to vacate the default entries and terminate the pending motion at docket entry 33.
What the Order Does Not Decide
The order addresses the default entries and case scheduling. It does not decide the merits of Dervisevic’s claims or whether the defendants are liable.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.