Opinion
1:21-cv-8340-GHW
02-29-2024
JOHN LAUREANO, Plaintiff, v. ART OF SZECHUAN INC., a New York corporation doing business as China Jade Szechuan Chili House, and J.F.K. CORPORATION, a New York corporation, Defendants.
ORDER
GREGORY H. WOODS, UNITED STATES DISTRICT JUDGE:
The complaint in this case was filed on October 8, 2021. Dkt. No. 1. The Court held an initial pretrial conference on February 29, 2024, after sixteen prior adjournments. See Dkt. Nos. 13, 20, 23, 26, 29, 33, 36, 39, 43, 46, 48, 50, 52, 58, 67, 70. Neither defendant, nor any representative of either defendant, appeared at the February 29, 2024 conference.
Unless this case is voluntarily dismissed, the Court expects Plaintiff to file any application requesting an order to show cause for why default judgment should not be granted by no later than March 15, 2024. Any such application must comply fully with the Court's Individual Rules of Practice in Civil Cases, including the procedure laid out in Attachment A to the Court's rules. For example, any application for default judgment must include the appropriate affidavits and a memorandum of law, among other things. To the extent that Plaintiff intends to seek injunctive relief, Plaintiff must prove that the relief requested is “consistent with the ADA's requirement that injunctive relief ordered pursuant to the statute be ‘readily achievable.'” See Kirkpatrick B. Dunbar v. Buddha Bodai Two Kosher Vegetarian Restaurant, Inc. & Bak Lee Tat International, Inc., No. 1:19-CV-05176-GHW, 2020 WL 12863802, at *1 (S.D.N.Y. Nov. 24, 2020).
SO ORDERED.