Lemus v. Manhattan Car Wash, Inc. et al

MOTION for Default Judgment as to Defendant Jonah Park.

S.D.N.Y.June 1, 2009

1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOMINGO LEMUS, Plaintiff, -against- MANHATTAN CAR WASH, INC., doing business as Manhattan Car Wash, TENTH AVENUE BRUSHLESS CAR WASH, JONAH PARK, individually and doing business as Tenth Avenue Brushless Car Wash and Manhattan Car Wash, and YOUN DONG LEE, individually and doing business as Tenth Avenue Brushless Car Wash and Manhattan Car Wash, Defendants. 06 Civ. 15486 (MHD) NOTICE OF MOTION PLEASE TAKE NOTICE that upon the declaration of Domingo Lemus, executed on May 28, 2009, and the exhibits attached thereto; the declaration of Scott A. Rosenberg, executed on May 29, 2009, and the exhibits attached thereto; the accompanying Memorandum of Law in support of this motion; and all the pleadings herein, plaintiff Domingo Lemus will move this Court, before the Hon. Michael H. Dolinger, United States Magistrate Judge, at 500 Pearl Street, New York, New York, 10007, in Courtroom 17D, on the 19th day of June, 2009, at 10 o’clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an order: (a) granting permission, pursuant to Fed. R. Civ. P. 15(d), to file a supplemental complaint; and (b) granting a default judgment, pursuant to Fed. R. Civ. P. 37(b)(2)(A)(vi), against defendant Jonah Park on the original complaint for unpaid minimum wages, overtime wages, 2 other wages, and liquidated damages in the amount of $113,264.36, less $20,000.00 that has been paid by the non-defaulting defendants, plus attorney’s fees, costs, and expenses. PLEASE TAKE FURTHER NOTICE that pursuant to Local Civil Rule 6.1(b), any opposing answering affidavits and answering memoranda shall be served on or before June 12, 2009. Respectfully submitted, _________/s/ Scott A. Rosenberg____________ THE LEGAL AID SOCIETY Steven Banks, Attorney-in-Chief Scott A. Rosenberg, Attorney-in-Charge, Law Reform, Civil Practice (SAR-5579) Richard Blum, of Counsel 199 Water Street New York, New York 10038 212-577-3325 Attorneys for Plaintiffs To: James K. Greenberg, Esq. Simon Q. Ramone, Esq. Greenberg, Greenberg & Guerrero, LLP 363 Seventh Avenue, Suite 400 New York, New York 10001 Mark Tabakman, Esq. Keith Andrew Reinfeld, Esq. Fox Rothschild, Attorneys at Law (NYC) 100 Park Avenue, Suite 1500 New York, New York 10017 Danbee Kim, Esq. Law Offices of Daniel D. Kim 194-02 Northern Blvd, Suite 208 Flushing, New York 11358