Carlos Ruiz Florez v. 26 BNDO LLC

Background

On May 27, 2025, Carlos Ruiz Florez filed a motion seeking default judgment under Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). The opinion does not decide the merits of that motion.

Briefing and Hearing

The court ordered 26 BNDO LLC and 26 Bond Street Retail LLC to file any opposition by June 27, 2025. It also ordered the Defendants to appear and explain on July 10, 2025, why the court should not grant default judgment against them. The hearing was scheduled to occur remotely by telephone unless the court ordered otherwise.

The court directed Ruiz Florez to file a proposed default-judgment order by the Thursday before the hearing for the Clerk’s approval. If a Defendant appeared, opposed the motion, or requested a retroactive extension of time to respond to the complaint, the hearing would instead also address that Defendant’s initial pretrial proceedings.

Service Requirements and Ruling

The order required Ruiz Florez to serve each Defendant by overnight courier with the default-judgment motion and supporting papers, the order, and the proposed default-judgment order within one business day after filing each document. Ruiz Florez must file proof of each service on the docket within two business days after service.

Judge Arun Subramanian issued a scheduling and show-cause order. The court did not grant or deny the default-judgment motion. The court also cautioned that corporate entities may appear in federal court only through licensed counsel and that repeated failure to appear through counsel may lead to default judgment.