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S.D.N.Y.Procedural orderFiled Apr. 30, 2020

Rahman v. Red Chili Indian Cafe, Inc.

Judge
Ronnie Abrams
Docket
1:17-cv-05156
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureEmploymentFlsa
In one sentence

In Rahman v. Red Chili Indian Cafe, Inc., Judge Abrams granted default judgment against Red Chili but deferred damages while claims against the individual defendants continue.

Who this affects

The ruling directly affects Red Chili Indian Café, Inc., against which default judgment was granted. It does not resolve damages or the continuing claims against Mohammed Mojnu Miah and Noor Islam.

What happened

In Rahman v. Red Chili Indian Cafe, Inc., Mahfujur Rahman and Liton Shah sued Red Chili Indian Café, Inc., Mohammed Mojnu Miah, and Noor Islam under federal and New York wage laws. Miah and Islam appeared without lawyers, but Red Chili never appeared through a lawyer.

The plaintiffs asked for default judgment against all defendants. After giving Red Chili another chance to obtain a lawyer and respond, the court held that Red Chili still had no lawyer and did not appear at a court conference.

Judge Ronnie Abrams granted default judgment against Red Chili Indian Café, Inc. The court did not decide damages at this time because the case against Miah and Islam is still ongoing.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Rahman v. Red Chili Indian Cafe, Inc. · No. 1:17-cv-05156
Judge
Ronnie Abrams
Date
Apr. 30, 2020

Background

Mahfujur Rahman and Liton Shah brought claims under the Fair Labor Standards Act and New York Labor Law against Red Chili Indian Café, Inc., Mohammed Mojnu Miah, and Noor Islam. Miah and Islam appeared without lawyers and filed an answer and defenses. Red Chili never answered or otherwise appeared.

The court repeatedly advised Red Chili that a corporation must appear through a lawyer and that failing to do so could result in a default judgment. The plaintiffs moved for default judgment against all defendants on January 3, 2020. After Miah and Islam appeared at a February 10, 2020 conference, the court denied that motion on February 26, 2020, and gave Red Chili one more opportunity to obtain a lawyer and file a response by April 27, 2020.

Ruling

At an April 28, 2020 telephone conference, the plaintiffs appeared through counsel, Miah and Islam appeared without lawyers, and Red Chili did not appear. Miah and Islam confirmed that Red Chili had no lawyer. The court therefore granted the plaintiffs’ motion for default judgment against Red Chili Indian Café, Inc.

The court deferred ruling on damages because the case against the individual defendants is ongoing. It also ordered the plaintiffs to serve the order on the defendants and file proof of service.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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