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Picon V So Icy Inc

                       =~  |  LAW OFFICE OF 
                             Garrict A.  Levy,  PC. 

     sm Lom Colgate stolll (cAe-laeMeStETI KR OY □□□      haw LOCO   7)     (aur len leReeli  3 ZA Bie Wa io) 

July 22, 2025                                                 USDC SDNY 
                                                           DOCUMENT 
Hon. Judge Gregory H. Woods                                   ELECTRONICALLY FILED 
United States District Judge                                     DOC #: 
United States Courthouse                                       DATE FILED:  _ 7/22/2025 
500 Pearl Street 
New York, NY 10007 
                                                 MEMORANDUM ENDORSE 
RE:    PICON v. SO ICY, INC. 
      DOCKET NO. 1:25-cv-990 
Dear Judge Woods: 
      The undersigned represents Plaintiff Yelitza Picon in the above-referenced matter. I write 
to provide a status update and respectfully request that the upcoming conference be cancelled and 
that Plaintiff be granted 30 days to move for default judgment. 
      Since my last letter to the Court (Doc. 7), I was able to speak with an employee of So Icy, 
Inc.,  but  I  have  not  received  any  response  from  someone  authorized  to  discuss  this  case. 
Accordingly, Plaintiff requests that the conference be cancelled and that the Court grant 30 days 
to move for default judgment in accordance with Your Honor’s rules. 

      Thank you for your time and consideration on this matter. 

                                                      Respectfully, 
                                                      /s/ Gabriel A. Levy 
  Application granted. The initial pretrial conference scheduled for July 30, 2025 is adjourned sine die. The Court expects that an 
  application for an order to show cause why default judement should not be entered in this matter will be filed no later than Au 
  21, 2025. The Court expects that any application for an order to show cause why default judgment should not be entered will 
  comply with the Court’s Individual Rules, specifically Attachment A to the Individual Rules of Practice in Civil Cases. The Co 
  reminds the parties that in order for the Court to enter default judgment, the Court must determine whether Plaintiffs  allegatic 
  establish liability as a matter of law, accepting factual allegations as true, except those relating to damages, and drawing all 
  reasonable inferences in PlaintifPs favor. See Finkel v. Romanowicz, 577 F.3d 79, 84 (2d Cir. 2009). The Court’s decision in Sook 
  Fresh Clean Threads, Inc, 754 F. Supp. 3d 395 (S.D.N.Y. 2024), may be instructive as to whether the Court can find liability in th 
  case. Plaintiff is directed to serve a copy of this order on Defendant and to retain proof of service. The Clerk of Court is dire: 
  to terminate the motion pending at Dkt. No. 9. 
  SO ORDERED. 
  Dated:  July 22, 2025                          Ab    Wb2eed— 
  New York, New York                               GRE          WOODS 
                                                 United States District Judge