Try our Advanced Search for more refined results
Searching dockets in Frenkel Hershkowitz x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
Other Immigration Actions | New York Eastern
Order on Motion to Reopen Case
ORDER:Familiarity with the procedural history and background of this action is assumed herein. As particularly relevant here: (1) on July 21, 2025, Plaintiffs filed the Complaint in this action, see ECF No. 1; (2) on November 3, 2025, the Court issued an Order noting that Plaintiffs had failed to file proof of service and directing Plaintiffs to file, by November 7, 2025, proof of timely service or a letter explaining why the Complaint should not be dismissed for lack of timely service under Rule 4(m) of the Federal Rules of Civil Procedure, see November 3, 2025 Order; (3) on November 17, 2025, the Court issued an Order noting that Plaintiffs had failed to file proof of timely service or a letter explaining why the Complaint should not be dismissed for lack of timely service under Rule 4(m) and dismissing the Complaint without prejudice, see November 17, 2025 Order; and (4) on November 19, 2025, judgment was entered, see Judgment, ECF No. 7. On December 29, 2025 – almost six weeks after judgment was entered – Plaintiffs filed a document styled "Notice of Application to Reopen Case." See Notice, ECF No. 8. In the Notice, Plaintiffs request that the Court: "[r]eopen this action;" "[v]acate the judgment entered on November 19, 2025;" "[r]einstate the Complaint;" and "[p]ermit Plaintiff to effect service of process forthwith." See Notice at 3. Plaintiffs assert that "[s]ervice was not timely completed due to an internal clerical oversight within counsel's office;" that "Plaintiffs have acted diligently and in good faith at all times;" that "[n]o defendant has been prejudiced;" and that "the interests of justice favor resolution of Plaintiffs' claims on the merits." See Notice at 2. Plaintiffs – who are represented by counsel – do not set forth the legal basis for their request for relief and do not cite to any authority in support of their request for relief. See generally Notice. Plaintiffs' request for relief, ECF No. 8, is DENIED. As an initial matter, Plaintiffs have failed to comply with the requirements of Local Civil Rule 7.1. See Local Civil Rule 7.1 (setting forth requirements with respect to motions). Moreover, Plaintiffs' sparse – and largely conclusory – Notice fails to satisfy Plaintiffs' burden of demonstrating that relief from final judgment is warranted. See United States v. Int'l Bhd. of Teamsters, 247 F.3d 370, 391 (2d Cir. 2001) (noting that "[a] motion for relief from judgment is generally not favored and is properly granted only upon a showing of exceptional circumstances"); see also Motorola Credit Corp. v. Uzan, 561 F.3d 123, 126 (2d Cir. 2009) (noting that Rule 60(b) of the Federal Rules of Civil Procedure "provides a mechanism for extraordinary judicial relief available only if the moving party demonstrates exceptional circumstances" and that "relief under the rule is discretionary" (alteration accepted and quotations omitted)). Ordered by Judge Diane Gujarati on 3/25/2026. (KEP)
Reopen Case
Letter MOTION to Reopen Case by Menatallah Amro Abbas Sayed Gahalrasoul, Zeyad Amro Abbas Sayed Gahalrasoul, Abdelrahman Amro Abbas Sayed Gahelrassoul, Amro Abbas Sayed Gahelrassoul, Hemmat Moustafa Abdelhamid Soliman. (Frenkel, David)
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login
Email (NOTE: Free email domains not supported)
First Name
Last Name
Job Title
PLEASE NOTE: A verification email will be sent to your address before you can access your trial.
Password (at least 8 characters required)
Confirm Password
Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Please see our Privacy Policy.