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S.D.N.Y.Procedural orderFiled Feb. 22, 2021

Maldonado Rosete v. Aangan of India LLC

Judge
Alison Nathan
Docket
1:20-cv-09598
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Maldonado Rosete v. Aangan of India, Judge Nathan ordered updates and appearances, suspended deadlines, and warned dismissal could follow plaintiffs’ failure to prosecute.

Who this affects

The plaintiffs and all defendants. The order specifically affects the individual defendants’ ability to appear without lawyers, the business-entity defendants’ requirement to appear through attorneys, and the plaintiffs’ duties to file a status update and serve the order.

What happened

In Maldonado Rosete v. Aangan of India, LLC, the plaintiffs missed the deadline to file a motion for a judgment based on the defendants’ failure to respond. The court required the plaintiffs to provide a status update by March 1, 2021.

The court ordered all defendants to appear by March 23, 2021 and post notice of their appearances. Individual defendants may appear without lawyers, but business entities must appear through attorneys. The court suspended all other deadlines and required the plaintiffs to serve the order and file proof of service.

Judge Alison J. Nathan warned that failing to provide the required status update could lead to dismissal for failure to prosecute. The order did not dismiss the case or decide the requested judgment.

The detailed version

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

Case
Maldonado Rosete v. Aangan of India LLC · No. 1:20-cv-09598
Judge
Alison Nathan
Date
Feb. 22, 2021

Background

Under the Court’s January 25, 2021 order, the plaintiffs were required to file a motion for default judgment by February 10, 2021. The plaintiffs did not do so. The court also received a letter from Defendant Dolly Singh.

Court’s directions

The court ordered the plaintiffs to file a status-update letter on the docket by March 1, 2021. It warned that failure to do so may result in dismissal for failure to prosecute, meaning failure to move the case forward.

The court ordered all defendants to appear in the case by March 23, 2021 and file notice of their appearances. It stated that individual defendants may appear without attorneys, but business-entity defendants may not represent themselves and must appear through counsel. The court encouraged individual defendants who could not afford representation to contact the NYLAG Legal Clinic.

The court suspended all deadlines until further notice. It also ordered the plaintiffs to serve the order on the defendants by March 1, 2021 and file affidavits of service. Because no mailing address had been provided, the court stated that it would email the order to Dolly Singh.

Disposition

Judge Alison J. Nathan issued procedural directives and a warning; the order did not dismiss the case, decide the motion for default judgment, or otherwise resolve the parties’ underlying claims.

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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