Pareja v. 184 Food Corp.
- Stewart Aaron
- 1:18-cv-05887
- U.S. District Court · Southern District of New York
- 2
In Pareja v. 184 Food Corp., Judge Aaron granted counsel’s withdrawal and set deadlines for Defendants to obtain new counsel and attend a conference.
Defendants 0113 Food Corp., Giovanni Marte, Gustavo Marte, and Jose Marte; their withdrawing counsel, Cesar A. Fernandez; and the plaintiffs, who were directed to seek a certificate of default if the corporate defendant did not obtain counsel by the stated deadline.
What happened
In Pareja v. 184 Food Corp., the defendants’ lawyer asked to withdraw after receiving no response from the defendants identified in the order.
The court gave the defendants 30 days to obtain new counsel. It directed the parties to attend a telephone conference on April 13, 2021, and warned the individual defendants that failing to follow court orders or appear could lead to sanctions, including a default judgment.
Judge Stewart D. Aaron granted the lawyer’s motion to withdraw. The order also directed the withdrawing lawyer to serve the order on the defendants and file proof of service.
The detailed version
- Pareja v. 184 Food Corp. · No. 1:18-cv-05887
- Stewart Aaron
- Mar. 1, 2021
Background
Jose Pareja brought this action individually and on behalf of others similarly situated against 184 Food Corp. and other defendants. The opinion states that the defendants identified as 0113 Food Corp., Giovanni Marte, Gustavo Marte, and Jose Marte did not respond to their counsel.
Court’s Order
The court granted the motion by defendants’ counsel, Cesar A. Fernandez, to withdraw. The defendants were given 30 days to secure new counsel.
The court stated that if the defendant identified as 0113 Food Corp. had not appeared through counsel by March 31, 2021, the plaintiffs were required to seek a certificate of default by April 7, 2021. A certificate of default is a formal entry recognizing that a party failed to defend the case.
The court also ordered the parties to appear separately by telephone for a status conference on April 13, 2021, at 11:00 a.m. The individual defendants—Giovanni Marte, Gustavo Marte, and Jose Marte—were reminded that they had to follow court orders and deadlines and attend the conference even if they did not obtain new counsel. The court warned that failing to do so could result in sanctions, including a default judgment.
Disposition
Judge Stewart D. Aaron granted the motion to withdraw. The order did not decide the underlying claims. It required the withdrawing lawyer to serve the order on the defendants and file proof of service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.