Order | Filed: June 23, 2026
| Entered: June 23, 2026
Flanegin v. Castillo et al
Labor: Fair Standards | New York Eastern
Scheduling Order
SCHEDULING ORDER: A telephonic Default Conference will be held on July 10, 2026 at 10:30a.m. before Magistrate Judge Clay H. Kaminsky. To access this conference, the parties are directed to call the number 571-353-2301, enter the call ID number 657415711, and then press #. The parties shall dial in five (5) minutes before the conference.
Although Defendants Roberto Castillo and Stanley Coffee Shop have not appeared in this case, they may appear at the conference. Plaintiff asserts, inter alia, claims against Defendants under the Fair Labor Standards Act and New York Labor Law. Plaintiff has represented that the Defendants have been served with the Complaint 1 , which is the document that states Plaintiff's claims against Defendants, and the docket reflects that Defendants have not appeared to defend this action. The Clerk of Court has therefore entered Certificates of Default against Defendants and Plaintiff has moved for default judgment. ECF No. 13 . Defendants could be held liable because they have not responded to this lawsuit by answering it or moving to dismiss. If Defendants do not participate in the lawsuit now, they would likely waive the right to raise factual or legal defenses that Defendants may have to Plaintiff's claims. The Court would prefer to resolve this dispute on its merits. See Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 95-96 (2d Cir. 1993) (underscoring the "oft-stated preference for resolving dispute on the merits" and the principle that "defaults are generally disfavored").
As a courtesy to Defendants, and to facilitate Defendants' appearance at the Default Conference, Plaintiff's counsel shall mail a copy of this Order, the Docket Sheet, the Complaint, and the Summons to Defendants' known home and business address and shall send the same documents by email to all known email addresses of Defendants. Plaintiff's counsel shall file a declaration on or before June 30, 2026, confirming Plaintiff's compliance with this order or, alternatively, explaining why Plaintiff was unable to comply with this Order. The Court will also mail a copy of these documents to Defendants at 675 Stanley Ave., Brooklyn, NY 11207 and 79 Barbey St., Brooklyn, NY 11207.
Ordered by Magistrate Judge Clay H. Kaminsky on 6/23/2026. (TJT)