Stokes v. RBSB LLC ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHAEL STOKES, Plaintiff, NOTICE OF MOTION -against- Case No.: 1:22-cv-05253-JLR RBSB LLC d/b/a Rock Bar, Defendant. PLEASE TAKE NOTICE that upon the declaration and exhibit of Kennith Heisler, sworn to on February 15, 2022, the declaration of Jason Romas, sworn to on February 15, 2022, the accompanying memorandum of law, and all prior pleadings and proceedings, Defendant RBSB LLC d/b/a/ Rock Bar (“Defendant”) will move this Court, the Honorable Jennifer L. Rochon, Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street, New York, NY 10007-1312, at a date and time of the Court’s choosing, or as soon thereafter as counsel can be heard, for an Order to (1) vacate the defaulted judgment entered against Defendant RBSB LLC d/b/a Rock Bar in the amount of $36,674.50 entered February 15, 2023, (2) deem the Answer with affirmative defenses of Defendant RBSB LLC d/b/a Rock Bar annexed hereto as served upon the Plaintiff, and (3) grant such other and further relief as this Court deems just and proper. Dated: February 15, 2024 Albany, New York On consideration of the parties’ arguments (ECFS Nos. 32-34), Defendant's motion to vacate the default judgment (ECF No. 28) is WHITEMAN OSTERMAN & HANN A LLP GRANTED. The certificate of default (ECF No. 11) is VACATED. The oy no } 4 tia | Court finds that (1) Defendant's default was not willful; (2) Defendant has 1 a / ! g he Lah aq i] Laat: MAE i Loy presented a potentially meritorious defense; (3) Plaintiff will not suffer By: \ LP ALAwwe 4 / i Bik y Lr Oy significant prejudice; and (4) there is a the strong preference for resolving y: ii? os] ; cases on the merits weighing in favor of vacating the default. See, e.g., J on E. Crain, Esq. SEC y. McNulty, 137 F.3d 732, 738-41 (2d Cir. 1993). By March 12, a2 2024, Defendant shall formally file and serve the proposed answer (ECF Jennifer Thomas Yetto, Esq. No. 32-2). The Court shall hold an initial pretrial conference on April 9, Attorneys for Defendant 2024, at 10:30 a.m. in Court 20B of the Daniel Patrick Moynihan United States Courthouse. 500 Pearl Street, New Yorke. New York, RB SB LL Cc □□ a Rock B ar 10007. By March 29, 2024, the parties shall submit: (1) a proposed Civil One Commerce Plaza Case Management Plan and Scheduling Order, using the form available on the Court's website at https://nysd-uscourts.gov/hon-jennifer-l-rochon; Albany, New York 12260 and (2) a joint letter, not to exceed three single-spaced pages in length, (5 1 8) 487-7600 describing the case, any contemplated motions, and the prospect for settlement. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 32. . SO ORDERED. Dated: March 5, 2024 .4. Of...