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 Zakir Hossain v. Let’s Eat, Judge Vargas extended briefing and moved the default-judgment hearing without deciding whether judgment should be entered.
The plaintiffs and the defendants, including Let’s Eat, LLC, Michele Gaton, and Joey Fortunato, are affected by the revised briefing schedule, the January 7, 2026 default-judgment hearing, and the required service and conference procedures.
What happened
In Zakir Hossain, Daniel Inclan, and Armando Mesinas v. Let’s Eat, LLC d/b/a Extra Virgin, Michele Gaton, and Joey Fortunato, the plaintiffs asked for more time to submit documents and to postpone a hearing on their request for default judgment.
The court granted the 30-day extension and rescheduled the hearing for January 7, 2026, at noon. It also ordered the defendants to appear and explain why the court should not enter default judgment against them. The court warned Let’s Eat, LLC that a company may appear in federal court only through a licensed lawyer.
The court further ordered the plaintiffs to serve the defendants with the order and file proof of service. If a defendant appears, opposes the motion, or requests additional time to respond to the complaint, the January conference will also serve as an initial pretrial conference. Judge Vargas did not enter default judgment in this order.
The detailed version
- Hossain v. Let’s Eat · No. 1:24-cv-04078
- Vargas
- Nov. 13, 2025
Background
On November 11, 2025, Plaintiffs filed a letter motion seeking a 30-day extension to submit documents required by the Court’s November 11 order. Plaintiffs also requested an adjournment of the default-judgment hearing that had been scheduled for November 12, 2025.
Court’s Order
The Court granted the extension and ordered Defendants to appear before the Court on January 7, 2026, at 12:00 p.m. for a hearing on Plaintiffs’ motion for default judgment. The purpose of the hearing is to address why an order granting default judgment against Defendants should not be issued. The order did not itself grant default judgment.
The Court cautioned Let’s Eat, LLC that a corporate entity may appear in federal court only through licensed counsel. The Court stated that repeatedly failing to appear through counsel may result in default judgment against the company.
If any Defendant appears, opposes the default-judgment motion, or seeks a retroactive extension of time to respond to the complaint, the January 7 conference will also be treated as the initial pretrial conference for that Defendant. The parties, including any appearing Defendant, must follow the procedures in the Court’s February 12, 2025 order, including filing a joint letter, a proposed case-management plan, and a proposed scheduling order by the Thursday before the conference.
The Court ordered Plaintiffs to serve Defendants with the order by overnight courier within one business day and to file proof of service within two business days after service. The Clerk was directed to terminate Plaintiffs’ letter motion from the docket.
Disposition
Judge Jeannette A. Vargas granted Plaintiffs’ request for an extension, adjourned the default-judgment hearing to January 7, 2026, and issued related service and pretrial instructions. The order did not decide the merits of Plaintiffs’ claims or enter default judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.