Holguin v. Quality Furniture NY LLC
- Analisa Torres
- 1:23-cv-00004
- U.S. District Court · Southern District of New York
- 1
In Holguin v. Quality Furniture, Judge Torres granted plaintiffs’ request to seek default judgment by October 31, 2023, subject to notice requirements for Laskawski’s claims.
Plaintiffs Camilo Holguin, Astrid Coello, and Mr. Laskawski, as well as the defendants, were affected by the extended filing deadline and the notice and potential amended-complaint requirements.
What happened
In Holguin v. Quality Furniture NY LLC, the plaintiffs asked for more time to file a motion seeking a judgment against defendants who had not appeared. They cited a newly added plaintiff, Mr. Laskawski, and limited counsel availability during Jewish holidays.
The court granted the request and allowed the plaintiffs to file the motion by October 31, 2023. If defendants appeared by then, the plaintiffs had to notify the court by letter.
Because the complaint did not describe Mr. Laskawski’s claims, the court required plaintiffs to serve defendants with a notice describing those claims and to file proof of service before seeking a default judgment for him. Judge Torres also said plaintiffs could ask to amend the complaint.
The detailed version
- Holguin v. Quality Furniture NY LLC · No. 1:23-cv-00004
- Analisa Torres
- Sept. 15, 2023
Background
Plaintiffs Camilo Holguin and Astrid Coello, through their law firm, requested an extension of time to file a motion for default judgment. They asked to move the deadline from September 14, 2023, to October 31, 2023. The request stated that Mr. Laskawski had recently decided to opt into the action and that counsel needed additional time to gather information supporting the anticipated motion. Counsel also cited limited availability during September because of Rosh Hashana and Yom Kippur.
Court’s Ruling
The court granted the request. Plaintiffs could file a motion for default judgment by October 31, 2023. If defendants appeared on or before that date, plaintiffs had to advise the court by letter.
The court separately addressed any proposed request for default judgment on behalf of Mr. Laskawski. It stated that the complaint did not include allegations about his claims. Before seeking a default judgment for him, plaintiffs were directed to serve defendants with a notice of consent to sue that included factual allegations describing the content and scope of his claims, and to file proof of service on the docket. The court also stated that plaintiffs could seek permission to file an amended complaint adding those claims. Judge Analisa Torres entered the order on September 15, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.