Opinion
22-CV-5705 (JMF)
10-21-2022
RAFAEL CORDERO, individually and on behalf of all others similarly situated, Plaintiff, v. PORTABLE THERAPEUTIX, LLC, Defendant.
ORDER
JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE
On October 19, 2022, almost a month after Defendant was required to answer or otherwise respond to the Complaint but failed to do so, the Court ordered Plaintiff to move for default judgment. See ECF No. 19. Defendant filed its answer the next day. See ECF No. 20. Cognizant that “the Second Circuit has expressed ‘a strong preference for resolving disputes on the merits,'” Shanchun Yu v. Digojiaoyu, Inc., 18-CV-7303 (JMF), 2019 WL 6174204, at *6 (S.D.N.Y. Nov. 20, 2019) (quoting New York v. Green, 420 F.3d 99, 104 (2d Cir. 2005)), the Court hereby VACATES its October 19, 2022 Order and EXTENDS the answer deadline, nunc pro tunc, to October 21, 2022.
That said, defense counsel is cautioned that the Court is losing patience with his repeated failure - in this and other cases - to comply with deadlines, rules, and Court orders, see also September 19, 2022 Order (ECF No. 18), Jimenez v. VeganCuts Inc., No. 22-CV-5376 (JMF) (S.D.N.Y. filed June 25, 2022); October 6, 2022 Order (ECF No. 21), Jimenez v. Pro Therapy Supplies, LLC, No. 22-CV-4375 (S.D.N.Y. filed Oct. 6, 2022), and warned that future such failures will not be looked upon kindly and may result in sanctions.
SO ORDERED.