Santos v. 27 Pizza Cafe Corp.
- John Cronan
- 1:22-cv-01114
- U.S. District Court · Southern District of New York
- 2
In Santos v. 27 Pizza Cafe Corp., Judge Cronan granted Santos’s request and extended deadlines after his lawyers could not reach him.
Santos, his attorneys, 27 Pizza Cafe Corp., and the schedule for the pending default-judgment proceedings were affected. The order also refers to the separate automatic stay as to Hassan Ebraheim because of his bankruptcy petition.
What happened
In Santos v. 27 Pizza Cafe Corp., Santos’s lawyers asked the court to pause the case for 30 days because they had been unable to contact him. The case involves a claim under the Fair Labor Standards Act, and a default-judgment process against 27 Pizza Cafe Corp. was pending.
The lawyers said they had tried repeatedly to reach Santos, but his phone number was disconnected. They proposed either filing additional materials supporting default judgment or filing a notice voluntarily ending the case without prejudice.
Judge John P. Cronan granted the request and moved the deadlines. Santos’s supplemental declaration is due September 15, 2023; 27 Pizza Cafe Corp.’s opposition is due September 22, 2023; and the default-judgment hearing was moved to October 17, 2023, at 3:00 p.m. by telephone.
The detailed version
- Santos v. 27 Pizza Cafe Corp. · No. 1:22-cv-01114
- John Cronan
- Aug. 17, 2023
Background
This Fair Labor Standards Act case was pending against 27 Pizza Cafe Corp. and Hassan Ebraheim. The order notes that Ebraheim’s bankruptcy petition automatically stayed the action as to him under 11 U.S.C. § 362. The remaining matter described in the order concerned Santos’s motion for default judgment against 27 Pizza Cafe Corp.
Santos’s attorneys asked the court to stay the entire action for 30 days. They reported that they had been unable to contact Santos despite numerous attempts, and that his telephone number was disconnected. Counsel said they needed Santos’s cooperation to prepare a supplemental declaration and an amended calculation of damages for the default-judgment motion.
Ruling and Schedule
The order states that the request was granted. It adjourned Santos’s deadline to submit the supplemental declaration to September 15, 2023, and set 27 Pizza Cafe Corp.’s deadline to oppose that submission for September 22, 2023. It also moved the default-judgment hearing from September 12 to October 17, 2023, at 3:00 p.m., by telephone.
If counsel instead filed a notice of voluntary dismissal on September 15, the order required counsel to file a declaration stating that counsel had tried, to the best of his abilities, to inform Santos about the dismissal and that the parties had not reached a settlement requiring court approval under the cited precedent. The court also directed counsel to serve 27 Pizza Cafe Corp. with the order and directed the clerk to close docket entry 61.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.