Opinion
21 CV 5630 (VB)
12-06-2021
LUIS EDUARDO HERRERA FLORES, Plaintiff, v. JERMYN CONTRACTING CORP., GOLIATH CONSTRUCTION, INC., MEADOWBROOK BUILDERS, INC., and PETER GLASS, Defendants.
ORDER
Vincent L. Briccetti, U.S.D.J.
As discussed at an on-the-record conference held today and attended by plaintiffs counsel, but for which no defendant and no defense counsel appeared, it is HEREBY ORDERED:
1. For the reasons explained on the record, the motion for default judgment as to defendants Goliath Construction Inc. and Meadowbrook Builders Inc. is DENIED WITHOUT PREJUDICE.
2. Good cause having been shown pursuant to Fed.R.Civ.P. 4(m), plaintiffs time to serve the summons and complaint on defendant Jermyn Contracting Corporation ("Jermyn") is extended to February 7, 2022.
3. Provided defendants are in default, by no later than March 7, 2022, plaintiff shall move, by order to show cause and in accordance with the Court's Individual Practices, for default judgment against defendants. The supporting paperwork shall address the deficiencies the Court outlined on the record.
4. If plaintiff has not served Jermyn and wishes to dismiss his case against that defendant, also by March 7, 2022, plaintiff shall file a notice of dismissal pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i).
The Clerk is instructed to terminate the motion. (Doc. #27).
SO ORDERED: