Trs. of the Mason Tenders Dist. Council Welfare Fund, Pension Fund, Annuity Fund & Training Program Fund v. AZZ Envtl.

Full title: TRUSTEES OF THE MASON TENDERS DISTRICT COUNCIL WELFARE FUND, PENSION FUND…

Court: United States District Court, S.D. New York

Date published: Jan 4, 2024

23-CV-6068 (JPO) (S.D.N.Y. Jan. 4, 2024)

Opinion

23-CV-6068 (JPO)

01-04-2024

TRUSTEES OF THE MASON TENDERS DISTRICT COUNCIL WELFARE FUND, PENSION FUND, ANNUITY FUND AND TRAINING PROGRAM FUND, et al., Petitioners, v. AZZ ENVIRONMENTAL, INC., Defendant.

J. PAUL OETKEN, District Judge:

ORDER

J. PAUL OETKEN, District Judge:

Defendant was served on July 20, 2023. (See ECF No. 6.) On August 10, 2023, Zenon Baranak filed a letter on the docket requesting additional time to retain counsel and respond to the complaint. (See ECF No. 7.)

Mr. Baranak also filed a “notice of pro se appearance.” (See ECF No. 8.) However, companies may not appear pro se and must retain counsel in order to defend a case in court.

To date, no response to the complaint has been filed. Petitioners have not moved for a default judgment.

Petitioners are directed to notify the Court whether they intend to move for default judgment, or if they have received any communication from Defendant or its counsel regarding a response to the complaint.

If Petitioners fail by January 18, 2024, to either (1) file a letter concerning the status of the case, or (2) move for default judgment against Defendant, the action may be dismissed for failure to prosecute.

Petitioners are directed to serve a copy of this order by mail on Defendant and Mr. Baranak.

SO ORDERED.