Lopez v. Carib Inc. d/b/a Bistro 38
Hugo Lopez and Martin Martinez, on behalf of themselves and others similarly situated v. Carib Inc. d/b/a Bistro 38, and Abbas Taghavitalab
- Vargas
- 1:24-cv-01237
- U.S. District Court · Southern District of New York
- 2
In Lopez v. Carib, Judge Vargas denied plaintiffs’ default-judgment motion without prejudice, granted defendants’ motion to set aside default, and ordered discovery steps.
The plaintiffs’ default-judgment request was denied without prejudice, while the defendants’ default was set aside; all parties were given discovery deadlines and a conference date.
What happened
In Hugo Lopez and Martin Martinez v. Carib Inc. d/b/a Bistro 38, and Abbas Taghavitalab, the Clerk had entered a default against all defendants. Plaintiffs then asked the court to strike the defendants’ answer and enter default judgment.
The court denied plaintiffs’ motion without prejudice. It granted defendants’ motion to set aside the default, finding good cause under Rule 55(c), and directed the Clerk to vacate the Certificate of Default. The court also set deadlines for plaintiffs’ motion to compel documents about the Fair Labor Standards Act’s $500,000 gross-revenue threshold, defendants’ response, and a conference.
Judge Jeannette A. Vargas issued the October 22, 2025 order. The order resolved the default-related motions and set discovery-related deadlines; it did not decide the underlying Fair Labor Standards Act issue.
The detailed version
- Lopez v. Carib Inc. d/b/a Bistro 38 · No. 1:24-cv-01237
- Vargas
- Oct. 22, 2025
Background
On August 19, 2025, the Clerk of Court entered a Certificate of Default against all defendants. On September 5, 2025, plaintiffs moved to strike defendants’ answer and enter default judgment. After defendants appeared, they moved on September 30, 2025, to set aside the default.
Rulings
The court denied plaintiffs’ motion to strike defendants’ answer and enter default judgment without prejudice. It granted defendants’ motion to set aside default. Applying Federal Rule of Civil Procedure 55(c), the court found good cause to vacate the Certificate of Default. The Clerk was directed to vacate that certificate and terminate docket entries 54, 57, and 60.
Further proceedings
The court ordered plaintiffs to file, by November 17, 2025, a motion to compel documents concerning the $500,000 gross-revenue-threshold issue under the Fair Labor Standards Act. Defendants’ response was due November 20, 2025. Counsel for all parties were ordered to appear for a November 25, 2025 conference concerning the motion to compel. The order did not resolve the underlying Fair Labor Standards Act issue.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.