Frometa v. Tabu Lounge Inc. ( 2021 )

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED LEVI FROMETA et al., Plaintiffs, 20-cv-1660 (MKV) ~against- ORDER DENYING MOTION TABU LOUNGE INC. et al., FOR DEFAULT JUDGMENT Defendants. MARY KAY VYSKOCIL, United States District Judge: The Court has carefully reviewed Plaintiffs’ motion for a default judgment against Carlota Chevere [ECF No. 50]. The Court accepts as true the well-pleaded allegations in the Amended Complaint [ECF No. 12 (“FAC”)], except those relating to damages. See Au Bon Pain Corp. v. Artect, Inc., 653 F.2d 61, 65 (2d Cir. 1981). However, Plaintiffs’ threadbare allegations fail to state a claim against Chevere as an employer. See /rizarry v. Catsimatidis, 722 F.3d 99, 104-105 (2d Cir. 2013); FAC § 12. Accordingly, Plaintiffs’ motion for a default judgment against Chevere is DENIED. The hearing on the motion that was scheduled to take place on December 16, 2021 is ADJOURNED. The Clerk of Court is respectfully requested to close the motion pending at docket entry 50. SO ORDERED. . . i □□ yah ( Date: December 14, 2021 MARY KAY VYSKOC New York, NY United States District Judge