Order | Filed: July 02, 2026
| Entered: July 02, 2026
Zurita v. Vaza Construction Corp. et al
Labor: Fair Standards | New York Eastern
~Util - Set Deadlines
ORDER: The Court is in receipt of Plaintiff's motion to strike 42 Defendants Kgkcandela Construction Group Co., Valentin Espejo and Miriam Candela's answer 15 . Defendants are directed to respond to Plaintiff's motion by 7/12/2026. If no response is received, the Court will consider the motion unopposed.
Defendants are reminded that a defendant's abandonment of its defense and failure to follow court orders permits the Court to enter appropriate sanctions. See Fed. R. Civ. P. 16(f)(C) (allowing the court to "issue any just orders," including those authorized by Rule 37(b)(2)(A)(ii)-(vii), where a party "fails to obey a scheduling or other pre-trial order"); see also Motown Rec. Co., L.P. v. Motown Beverage Co. of Ohio, 165 F.3d 14 (2d Cir. 1998) (unpublished). Federal Rule of Civil Procedure 37(b)(2) expressly provides for a range of sanctions, including but not limited to "prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters into evidence," striking the pleadings, and "rendering a default judgment against the disobedient party." Fed. R. Civ. P. 37(b)(2)(A)(ii), (iii), (vi). Defendants are respectfully directed to comply with this Court's order at risk of the Court finding Defendants to be in default.
Defendants are also respectfully reminded that as to the corporate Defendant, Kgkcandela Construction Group Co., Inc., "[a] party that is a corporation must be represented by counsel in order to appear in this Court." See https://www.ca2.uscourts.gov/clerk/case_filing/appealing_a_case/civil_case/representation_of_a_corporation.html ; 28 U.S.C. § 1654; Berrios v. New York City Housing Authority, 564 F.3d 130, 132-133 (2d Cir. 2009). Failure to have counsel appear for the corporate Defendant may result in the corporate Defendant being found to be in default.
The Clerk of Court is respectfully directed to email a copy of this Order and the full docket sheet to Defendant Miriam Candela at kgkcandela0521@gmail.com and Defendant Valentin Espejo at valiente0074@gmail.com. Defendants are respectfully reminded, however, that they are not permitted to have communication with the Court via email and any correspondence with the Court must be filed on the public docket. Ordered by Magistrate Judge Taryn A. Merkl on 7/2/2026. (DT)
Motion | Filed: July 02, 2026
| Entered: July 02, 2026
Baek v. Sam Won Garden New York Inc. et al
Labor: Fair Standards | New York Southern
Conference Adjourn Conference
CONSENT LETTER MOTION for Conference re: 48 Order for Initial Pretrial Conference, Terminate Motions,,,,,,,,,,,,,,,,,,,,,,,,,, 46 Order on Motion for Conference, addressed to Judge Mary Kay Vyskocil from Justin R. Marino dated July 2, 2026., CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Mary Kay Vyskocil from Justin R. Marino dated July 2, 2026. Document filed by Toni Park, QB Hospitality Inc., Sam Won Garden New York Inc.. (Attachments: # 1 Exhibit 1 - Settlement Agreement (Executed), # 2 Exhibit 2 - Settlement Agreement (Redline)).(Marino, Justin)