Jones v. Plenty Mercantile, LLC

LS A) | Hicksville, New York 11801 Tel.: 929.324.0717 Mars Khaimov Law, PLLC Fax: 929.333.7774 E-mail: mars@khaimovlaw.com VIA ECF Honorable Judge Edgardo Ramos United States District Judge M FE M O □□ N DO S D Southern District of New York 500 Pearl Street New York, NY 10007 August 15, 2023 Re: 1:23-cv-03881-ER Jones v. Plenty Mercantile, LLC Status Letter and Request for Adjournment of Conference Dear Judge Ramos, Plaintiff's counsel submits this letter-motion to seek an adjournment of the initial pretrial conference, currently scheduled for August 17th, 2023, at 11:30am. Counsel has been unsuccessful thus far in attempts to communicate with Defendant. Defendant has filed an answer herein, although the answer is from a representative of the company, not from an attorney and, as such, Defendants cannot currently appear in this case as it is pro se. Plaintiff requests a 45 day adjournment for Defendant to properly appear and proposes to reschedule the conference for October 2nd, 2023, or a date convenient to the Court. This 1s the first time relief 1s being requested. We thank the Court for its attention and consideration in this matter. The request for an adjournment is granted. The initial pretrial conference 1s rescheduled for October 24 at 10:30 AM to allow Defendant additional time to retain counsel. Respectfully submitted, Plaintiff's counsel is directed to provide Defendant with a copy of this Memo Endorsement. /s/ Mars Khaimoy Mars Khaimov, Esq. Defendant is advised that a corporation may not appear pro se before Attorney for Plaintiff a federal court. Carlone v. Lion & the Bull Films, Inc., 861 F. Supp. 2d 312, 318 (S.D.N_Y. 2012) (citing Rowland v. California Men's Colony, 506 U.S. 194, 201-02 (1993)). Defendant's failure to retain counsel and enter an appearance may result in adverse consequences, including entry of default. 2 GQ \) EEE WA Edgardo Ramos,'U.S.D.J. Dated: August 15, 2023 New York, New York