Clear Finance Technology Corporation v. I&L Distributing Inc.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Case No. 22-cv-00550 USDC SDNY DOCUMENT CLEAR FINANCE TECHNOLOGY ELECTRONICALLY FILED CORPORATION, DOC #: DATE FILED:_ 12/22/2022 Petitioner, vs I & L DISTRIBUTING INC., Respondent. / MOTION FOR LEAVE TO APPEAR VIA TELEPHONE OR VIA ZOOM AT THE UPCOMING HEARING ON PETITIONER’S MOTION FOR DEFAULT JUDGMENT Petitioner Clear Finance Technology Corporation, by and through undersigned counsel, hereby moves this Court for an Order permitting undersigned counsel to appear via telephone or via zoom at the upcoming hearing on Petitioner’s Motion for Default Judgment set for January 9, 2023, and in support thereof states as follows: 1. On December 14, 2022, this Court entered its Scheduling Order (ECF No. 16) scheduling a hearing for January 9, 2023 at 11:30am in Courtroom 18C of 500 Pearl Street, New York, New York for a hearing on Petitioner’s Motion for Default Judgment. 2. In anticipation of the upcoming hearing, undersigned counsel, Benjamin H. Brodsky, Esq., requests to appear telephonically or via zoom for the hearing. 3. Petitioner’s counsel, Benjamin H. Brodsky, Esq., lives and practices in MiamiDade County, Florida. To preserve client resources, Petitioner’s counsel respectfully requests leave to appear telephonically or via zoom. 4. Additionally, Mr. Brodsky is scheduled to appear for a calendar call at 9:30 a.m. on January 9, 2023 in a local case for which Mr. Brodsky is lead counsel. (See Order Resetting Trial Dated November 10, 2022, Case No. 2018-039362-CA-01, Miami-Dade County, Florida, attached hereto as Exhibit A.) Notwithstanding this calendar call, Petitioner’s counsel will be available and will appear for the 11:30 a.m. hearing in this matter, but respectfully submits that this further militates in favor of allowing him to appear telephonically or via Zoom. WHEREFORE, Petitioner’s counsel, Benjamin H. Brodsky, respectfully requests that the Court enter an Order granting the Motion for Leave to Appear Via Telephone or Via Zoom for the upcoming hearing on Petitioner’s Motion for Default Judgment, and for any other relief this Court deems just and proper. Respectfully submitted, By:_/s/ Benjamin Brodsky Benjamin H Brodsky, Esq. Florida Bar No. 73748 BRODSKY FOTIU-WOJTOWICZ, PLLC Counsel for Petitioner 200 SE 1 Street, Suite 400 Miami, Florida 33131 Tel: 305-503-5054 Fax: 786-749-7644 bbrodsky@bfwlegal.com docketing@bfwlegal.com CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served by Notice of Electronic Filing generated by CM/ECF, on December 19, 2022, on all counsel or parties of record. /s/ Benjamin H. Brodsky Benjamin H. Brodsky, Esq. The request of Plaintiff's counsel to appear remotely at the default judgment hearing is GRANTED. Plaintiff's counsel may appear via telephone by dialing 888-278-0296 and entering Access Code 5195844. Plaintiff's counsel must serve this order on Defendant and file proof of such service by December 28, 2022. Date: Dec. 22, 2022 K / New York, New York Mary|Kay V¥skocil nited States District Judge