Opinion
03-CV-702S.
July 9, 2005
ORDER
1. On August 19, 2004, the Clerk of the Court Entered Default against Defendant. Thereafter, no action was taken by Plaintiff.
2. On March 16, 2005, this Court issued an Order directing Plaintiff to show cause why this case should not be dismissed for failure to prosecute.
3. On April 13, 2005, Plaintiff filed a declaration from Wendy J. Kisch, Esq., setting forth reasons why this case should not be dismissed. Also on April 13, 2005, Plaintiff filed a Motion for Default Judgment.
4. This Court has reviewed and considered the Kisch Declaration and finds that it contains good cause to allow this case to proceed.
IT HEREBY IS ORDERED, that Arcon Management Inc., shall appear before this Court on August 11, 2005, at 9:00 a.m. in Part IV, United States Courthouse, 68 Court Street, Buffalo, New York, to show cause why default judgment should not be entered.
FURTHER, that Plaintiff's counsel shall also appear.
FURTHER, that Plaintiff's counsel may appear by telephone, provided that counsel contacts this Court's Courtroom Deputy three days before the status conference at 7163-32-7824 with a telephone number at which counsel can be contacted at the time of the conference.
FURTHER, that the Clerk of the Court is directed to serve a copy of this Order upon the following:
William F. Savino, Esq. Damon Morey, LLP
William Savino has not filed a Notice of Appearance in this action. However, the record contains a copy of an Answer that Mr. Savino forwarded to Plaintiff on Defendant's behalf. The Answer, however, was never filed on the docket in this action. Because it appears that Mr. Savino may represent Defendant, this Order will be sent to him, as well as to Defendant directly.
1000 Cathedral Place 298 Main Street Buffalo, NY 14202-4096
Arcon Management, Inc.
345 Third Street, Suite 475 Niagara Falls, NY 14092
SO ORDERED.