Opinion
No. 99 Civ. 10781 (LTS)(DFE).
January 18, 2001.
ORDER
Plaintiff, having filed a Notice of Motion for Leave to File a Second Amended and Restated Complaint (the "Motion"), and there being no opposition thereto; it is hereby ORDERED, that Plaintiff's Motion is granted; and it is further ORDERED, that Plaintiff shall promptly file with Court and serve upon the parties in this case the Second Amended and Restated Complaint.
ORDER
WHEREAS, the Court entered an Order, dated November 17, 2000, providing that Plaintiff's application pursuant to Rule 55(b) of the Federal Rules of Civil Procedure and Rules 55.1 and 55.2 of the Civil Rules for the Southern District of New York, for the entry of a default judgment against defendant Brian Leslie Thompson would be granted unless Defendant Thompson, on or before December 31, 2000:
(1) filed with the Clerk of the Court and served upon all parties who have appeared in the action in accordance with the Federal Rules of Civil Procedure and the Local Rules of Court a response to Plaintiff's Amended and Restated Complaint dated April 3, 2000;
(2) provided to Plaintiff's attorneys a true and accurate accounting of the Funds (as defined in Plaintiff's First Request for Production of Documents dated October 29, 1999), and full and complete information in sufficient form and detail to identify all bank(s) and/or person(s) having possession or control of the Funds and all proceeds of the Funds;
(3) provided to Plaintiff's attorneys all documents requested in Plaintiff's First Request for Production of Documents dated October 29, 1999; and
(4) certified to the Court that he has complied with the November 17, 2000 Order by filing with the Clerk of the Court and serving upon all parties who had appeared in the action, in conformity with the Federal Rules of Civil Procedure and the Local Rules of Court, a certificate of compliance, signed under penalty of perjury of the laws of the United States of America; and
WHEREAS, Defendant Brian Leslie Thompson having delivered an untimely letter received January 12, 2001 seeking an extension of time to comply with the Court's November 17, 2000 Order and having failed to comply with the November 17, 2000 Order; it is hereby
ORDERED, that Plaintiff's motion for a default judgment against Defendant Brian Leslie Thompson is granted; it is further
ORDERED, that the Clerk of the Court shall register the default of Defendant Brian Leslie Thompson.