Opinion
22-CV-7280 (JMF)
12-16-2022
REILS FINANCE SPV, Plaintiff, v. CIP 1300 U STREET OWNER, LLC, and ROBERT W. CLIPPINGER, Defendants.
ORDER
JESSE M. FURMAN UNITED STATES DISTRICT JUDGE
At 12:47 p.m. yesterday, the Court received an e-mail from Defendant Robert Clippinger with two attachments, all of which are attached to this Order as Exhibit A.
Later that afternoon, the Court held a teleconference. As stated on the record:
• Defendants are granted one final extension of the deadline to file any opposition to Plaintiff's Motion for Default Judgment (including any argument that this case is subject to the automatic bankruptcy stay) to January 19, 2023. If there is no opposition filed by that date, the Court may enter default judgment as unopposed.
• Plaintiff's deadline to file any reply is January 26, 2023.
• The Court will hold a Default Judgment hearing on February 2, 2023, at 3:45 p.m. To joint the proceeding, the parties should call 888-363-4749 and use access code 5421540#. Members of the press and public may call the same number, but will not be permitted to speak during the conference. The parties are reminded to follow the procedures for telephone conferences described in the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Among other things, those procedures require counsel to provide advance notice of who will participate in the conference and the telephone numbers they will use to participate. In addition, the Court reminds Defendants that corporate entities may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007), and where such an entity “repeatedly fails to appear by counsel, a default judgment may be entered against it,” Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted).
The Clerk of Court is directed (1) to update the docket to reflect that Mr. Clippinger is (unless and until an attorney enters a notice of appearance on his behalf) proceeding pro se and (2) to mail a copy of this Order to Mr. Clippinger at the address set forth on the attached email.
SO ORDERED.
COURT EXHIBIT A