Opinion
21 Civ. 2467 (AT)
11-16-2021
ROMEO IXCOY PEREZ AND ROMEO SONTAY, individually and on behalf of others similarly situated, Plaintiffs, v. MECHANICAL SERVICE CORP. OF NEW YORK D/B/A MECHANICAL SERVICE CORP. OF NEW YORK, RALPH DEROSE, and DOMENICK DEROSE, Defendants.
ORDER
ANALISA TORRES UNITED STATES DISTRICT JUDGE
On September 21, 2021, the Court issued an order directing Defendants to appear at a telephonic conference to show cause why the Court should not enter a default judgment against them. ECF No. 32. The Order directed Plaintiffs to serve Defendants with a copy of the order to show cause, and their supporting papers, by personal service upon Defendants Ralph Derose and Domenick Derose, and by both first-class mail and through the Secretary of State for Defendant Mechanical Service Corp. of New York. Id. The affidavit of service submitted by Plaintiffs indicates that all three Defendants were served only by first-class mail. ECF No. 33. Plaintiffs' service upon Defendants is deficient, and the Court will not conduct a default judgment hearing unless Defendants have received proper notice of the hearing. Accordingly:
1. By November 18, 2021, Plaintiffs shall serve this order, a copy of the order to show cause, ECF No. 32, and then supporting papers, ECF Nos. 30-31, upon Defendants Ralph Derose and Domenick Derose via personal service, and by both first-class mail and through the Secretary of State
for Defendant Mechanical Service Corp. of New York.
2. By November 22, 2021, Plaintiffs shall file on the docket (1) proofs of service, and (2) the Supporting Papers that were served upon Defendants (as attachments to the proofs of service).
3. By November 30, 2021, Defendants shall respond to Plaintiffs' motion.
4. By December 7, 2021, Plaintiffs shall file then reply, if any.
5. The default judgment hearing scheduled for November 17, 2021, is ADJOURNED to January 24, 2022, at 11:00 a.m. The parties are directed to dial 888-398-2342 or 215-861-0674 and enter access code 5598827.
SO ORDERED.