Opinion
1:18-cv-05887 (SDA)
08-09-2021
ORDER
STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE
WHEREAS, on July 22, 2021, the Court issued an Order and Report and Recommendation (ECF No. 270) ordering that a default judgment be entered against Defendants 0113 Food Corp., Giovanni Marte, Jose Marte and Gustavo Marte and recommending that a default judgment be entered against Defendants 184 Food Corp., 231 Food Corp., DG 231 Food Corp., 640 Pelham Food Corp., G&G Pelham Food Corp., Rafael Montes Deoca, Rafael Montes Deoca Jr. and Gregory Gonzalez; AND
As set forth in footnote 1 of the Court's Order and Report &Recommendation, only the Defendants that had previously appeared in this action consented to proceed before Judge Aaron. (7/22/2021 Order &Report and Recommendation, ECF No. 270, at 2 n.1.) Accordingly, the Court issued an Order with respect to certain Defendants and a Report &Recommendation to District Judge Oetken, to whom this case had been assigned, for the remaining Defendants. (See id.)
WHEREAS, on July 22, 2021, the Court issued an Order and Report and Recommendation (ECF No. 270) ordering that a default judgment be entered against Defendants 0113 Food Corp., Giovanni Marte, Jose Marte and Gustavo Marte and recommending that a default judgment be entered against Defendants 184 Food Corp., 231 Food Corp., DG 231 Food Corp., 640 Pelham Food Corp., G&G Pelham Food Corp., Rafael Montes Deoca, Rafael Montes Deoca Jr. and Gregory Gonzalez;
NOW, THEREFORE, IT IS HEREBY ORDERED THAT the Clerk of Court is respectfully requested to vacate the default judgment at ECF No. 272. The Clerk of Court is requested to issue a new judgment following Judge Oetken's decision on the pending Report & Recommendation.
SO ORDERED.