Aljahmi v. 1738 Finest Deli Inc.

Background

The plaintiff’s counsel asked the court to direct Abdullah Aljahmi to communicate and cooperate in preparing a joint letter and proposed case-management plan and scheduling order. Counsel reported that Aljahmi had sent an answer by fax to counsel’s office and appeared to have sent it to the court, but had not contacted counsel or properly filed the answer with the court. Counsel also stated that the corporate defendant had defaulted, but that seeking a default judgment against Aljahmi was not appropriate because he appeared to have filed an answer.

Court’s directives

The court ordered the parties to file a joint letter and proposed case-management plan. It directed Aljahmi to communicate and cooperate with the plaintiff’s counsel. The court warned that failure to comply with the order could result in contempt proceedings and sanctions.

The court stated that Aljahmi appeared to intend to represent himself. It advised him that he could proceed without a lawyer, but explained that 1738 Finest Deli Inc. could not represent itself. The corporation was ordered to retain counsel and have counsel file a notice of appearance by February 13, 2023. The court warned that failure to do so could result in the court instructing the plaintiff to move for a default against the corporation.

The court also directed Aljahmi to mail future filings to the Pro Se Intake Unit at 40 Foley Square, Room 105, New York, New York 10007, rather than to chambers. The clerk was directed to mail a copy of the order to Aljahmi at the address stated in the order.

Disposition and scope

This was a case-management and representation order. It did not decide the underlying claims or defenses. Judge Analisa Torres ordered cooperation, set requirements for the corporate defendant’s representation, and warned of possible consequences for noncompliance.