Case Activity (1682)

1. Order | Filed: September 30, 2026 | Entered: September 30, 2026 Faller v. Breezy Point Energy Corp. et al

   Labor: Other | New York Southern

   Amended Order Referring Case to Magistrate Judge

   AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE: This action is referred to the designated Magistrate Judge for the following purpose(s): General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Judith C. McCarthy. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 9/30/2026) (ar)

2. Order | Filed: September 30, 2026 Faller v. Breezy Point Energy Corp. et al

   Labor: Other | New York Southern

   Order

   OPINION AND ORDER re: 12 FIRST MOTION to Dismiss Amended Complaint. filed by Breezy Point Energy Corp., Ari Goldstein, 9 FIRST MOTION to Dismiss Plaintiff's Complaint. filed by Breezy Point Energy Corp., Ari Golds tein. For the reasons stated above, Defendants' motion to dismiss is GRANTED in part and DENIED in part. Plaintiff's breach of contract claim survives. So does Plaintiff's retaliation claim as it relates to his complaints about his unpaid wages and firing. Plaintiff's retaliation claim relating to the Montana Action, however, is dismissed with prejudice. His claim for breach of the implied covenant of good faith and fair dealing is dismissed without prejudice. By October 30, 2026, Plaintiff may file a second amended complaint consistent with the Court's analysis aboveonly to add allegations in support of his claim for breach of the implied covenant of good faith and fair dealing. Should Plaintiff fail to file a second amended complaint by that deadline, his claim for breach of the implied covenant of good faith and fair dealing will be dismissed with prejudice. With respect to default judgment, the Court has previously indicated that it would set a new deadline for Plaintiff to file its motion. Although Defendant Goldstein has appeared pro se in this action, Defendant Breezy Point has failed to obtain legal counsel, and as such, default judgment could be entered against it. See Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983) ("[I]t is established that a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se."); ECF Nos. 27, 31, 33. However, because Breezy Point 's liability is likely tied to any liability against Defendant Goldstein, entering default judgment before the resolution of the claims against Defendant Goldstein could lead to inconsistent results. As such, the Court will continue to hold Pl aintiff's deadline to file a default judgment motion in abeyance. By separate order, the Court will refer this case to Judge McCarthy to set a discovery schedule. The Clerk of Court is respectfully directed to terminate ECF Nos. 9 and 12. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 9/30/2026) (ar)

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