Siddiqui et al v. Airlie Opportunity Master Fund, LTD et al

MEMORANDUM IN SUPPORT re MOTION to Expedite Hearing on Plaintiffs' Motion for Default Judgment

N.D. Ill.January 12, 2007

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK FAHAD SIDDIQUI, ET AL., Plaintiffs, v. AIRLIE OPPORTUNITY MASTER FUND, LTD., ARH MORTGAGE INC., WDM FUND, L.P., STEVE Y. KHOSHABE, JOSEPH KHOSHABE AND JASON K. SCHIFFMAN, Defendants. Civil Action No. 06-CV-6473 L(P) MEMORANDUM OF LAW IN SUPPORT OF EXPEDITED HEARING ON PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT DOLIN, THOMAS & SOLOMON LLP Attorneys for Plaintiffs 693 East Avenue Rochester, NY 14607 (585) 272-0540 Of Counsel: J. Nelson Thomas Michael J. Lingle H:\McKenzie, B\Motion for Expedited Hearing\Memorandum of Law in Support of Expedited Hearing - Default Judgment.doc Case 1:08-cv-02327 Document 21 Filed 01/12/2007 Page 1 of 3 PRELIMINARY STATEMENT Plaintiffs respectfully request that this Court hold an expedited hearing on Plaintiffs’ Motion for Default Judgment pursuant to Local Rule 7.1(d). As set forth below, plaintiffs request an expedited hearing so that they can ensure that any service issues are resolved prior to the deadline to serve the complaint in this matter. FACTUAL BACKGROUND Plaintiffs filed their complaint on September 21, 2006. See Docket No. 1. After the Complaint was filed, plaintiffs served the individual defendants with the Complaint and the individual defendants did not answer. See Plaintiffs’ Motion for Default Judgment. Following plaintiffs’ motion for default and default judgment, the Clerk of the Court entered defaults against the individual defendants. Thus, plaintiffs have now moved for default judgment. However, because the time period to serve the defendants is drawing to a close, plaintiffs request that this motion be heard on an expedited basis so that the issue can be resolved prior to the end of the service period. ARGUMENT I. PLAINTIFFS’ SEEK A RULING PRIOR TO THE EXPIRATION OF THE SERVICE PERIOD FED. R. CIV. P. 4(m) requires that a complaint be served within 120 days of its filing. Thus, in this case, unless the time is extended by the Court, the complaint must be served on the defendants by January 19, 2007. Therefore, plaintiffs respectfully request an expedited hearing on their motion for default judgment so that any service issues that may arise are resolved prior to the January 19, 2007 deadline. - 2 - H:\McKenzie, B\Motion for Expedited Hearing\Memorandum of Law in Support of Expedited Hearing - Default Judgment.doc Case 1:08-cv-02327 Document 21 Filed 01/12/2007 Page 2 of 3 CONCLUSION For the foregoing reasons, plaintiffs respectfully request that this Court hold an expedited hearing on Plaintiffs’ Motion for Default Judgment as soon as possible. Dated: January 12, 2007 DOLIN, THOMAS & SOLOMON LLP By: s/ Michael J. Lingle J. Nelson Thomas, Esq. Michael J. Lingle, Esq. Attorneys for Plaintiffs 693 East Avenue Rochester, New York 14607 Telephone: (585) 272-0540 nthomas@theemploymentattorneys.com mlingle@theemploymentattorneys.com - 3 - H:\McKenzie, B\Motion for Expedited Hearing\Memorandum of Law in Support of Expedited Hearing - Default Judgment.doc Case 1:08-cv-02327 Document 21 Filed 01/12/2007 Page 3 of 3