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 Café Corp., Judge Cronan extended a filing deadline, postponed the default-judgment hearing, and set conditions for possible voluntary dismissal.
Plaintiff David Guevara Santos, defendants 27 Pizza Café Corp. and Hassan Ebraheim, and counsel for the parties.
What happened
In Santos v. 27 Pizza Café Corp., the court addressed the schedule for Plaintiff David Guevara Santos’s supplemental declaration supporting his motion for default judgment. The order did not decide that motion or the underlying claims.
The court extended the deadline for the supplemental declaration to October 18, 2023. It allowed 27 Pizza Café Corp. to oppose the declaration by October 25, 2023, and postponed the default-judgment hearing from October 17 to November 16, 2023, by telephone.
Judge Cronan also stated that, if counsel filed a voluntary-dismissal notice by October 18 instead of a supplemental declaration, counsel had to file a declaration addressing client notice and whether the parties had reached a settlement requiring court approval. The order required Santos to serve 27 Pizza Café Corp. with the order and a prior docket endorsement.
The detailed version
- Santos v. 27 Pizza Cafe Corp. · No. 1:22-cv-01114
- John Cronan
- Oct. 6, 2023
Background
Plaintiff David Guevara Santos had requested additional time to submit a supplemental declaration supporting his motion for default judgment. The court had granted that request, extending the deadline to October 18, 2023.
Scheduling Orders
The order set October 25, 2023, as the deadline for 27 Pizza Café Corp. to submit any opposition to the supplemental declaration. It also adjourned the default-judgment hearing, which had been scheduled for October 17, 2023, to November 16, 2023, at 11:00 a.m. The hearing was to take place by telephone, using the call-in information stated in the order.
Possible Voluntary Dismissal
The court stated that, if counsel filed a notice of voluntary dismissal by October 18, 2023, instead of filing a supplemental declaration, counsel also had to submit a declaration stating that counsel had attempted, to the best of counsel’s abilities, to inform the client about the voluntary dismissal. The declaration also had to state that the parties had not reached a settlement agreement requiring court approval under the cited appellate decision, Cheeks v. Freeport Pancake House, Inc.
Service Requirement and Disposition
The court ordered Santos to serve 27 Pizza Café Corp. with a copy of the order and the court’s prior endorsement at Docket Number 65, at the addresses Santos had used to serve the default-judgment motion. Judge John P. Cronan entered this scheduling and case-management order. The opinion does not decide the default-judgment motion or the merits of the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.