Hossain v. Let’s Eat
Zakir Hossain, Daniel Inclan, and Armando Mesin as, on behalf of themselves, FLSA Collective v. Let’s Eat, LLC d/b/a Extra Virgin, Michele Gaton, and Joey Fortunato
- Vargas
- 1:24-cv-04078
- U.S. District Court · Southern District of New York
- 2
In Hossain v. Let’s Eat, Judge Vargas scheduled briefing and a hearing on plaintiffs’ motion seeking default judgment against Let’s Eat and Michele Gaton.
Plaintiffs Zakir Hossain, Daniel Inclan, and Armando Mesinas, and defendants Let’s Eat, LLC and Michele Gaton. The order also requires plaintiffs to serve the motion and order on the defendants.
What happened
Zakir Hossain, Daniel Inclan, and Armando Mesinas asked for a default judgment against Let’s Eat, LLC and Michele Gaton after those defendants failed to respond to the complaint. A default judgment could end the case in plaintiffs’ favor and could include money damages.
The court gave Let’s Eat and Gaton until October 22, 2025, to oppose the motion or request more time. The court warned that Let’s Eat must appear through a licensed lawyer and explained how Gaton could file papers without a lawyer. Plaintiffs must serve the motion and this order by overnight courier and file proof of service.
Judge Jeannette A. Vargas ordered Let’s Eat and Gaton to appear for a November 12, 2025 hearing about why default judgment should not be entered. The order scheduled the process; it did not decide whether default judgment should be granted.
The detailed version
- Hossain v. Let’s Eat · No. 1:24-cv-04078
- Vargas
- Sept. 26, 2025
Background
On August 26, 2025, plaintiffs moved for default judgment against Let’s Eat, LLC and Michele Gaton under Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). A default judgment is a ruling that may end litigation in a plaintiff’s favor because a defendant did not respond to the complaint. The court explained that, if entered, it could award some or all of the relief requested in the complaint, including money damages.
Briefing and Notice
The court gave Let’s Eat and Gaton until October 22, 2025, to submit opposition papers or request an extension. The order stated that Gaton could submit opposition papers by email if she did not have an attorney, and it provided mailing and in-person filing options for a party unable to use email. The court cautioned Let’s Eat that a corporation may appear in federal court only through licensed counsel and that repeated failure to appear through counsel may lead to default judgment.
Plaintiffs were ordered to serve the defendants within one business day with the default-judgment motion, supporting papers, and this order, using overnight courier service. Plaintiffs must file proof of service within two business days after service.
Ruling and Hearing
Judge Jeannette A. Vargas ordered Let’s Eat and Gaton to appear before the court on November 12, 2025, at 10:30 a.m., to address why an order granting default judgment should not be entered against them. This order scheduled briefing and a hearing; it did not grant or deny the default-judgment motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.