Rouse v. Jay Street Realty Associates, L.P. et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
JOSEPH ROUSE,
Plaintiff,
-against-
JAY ST FRESH 9 CENTS PIZZA
INC.,
Defendants.
MEMORANDUM AND ORDER
Case No. 1:23-CV-6548 (FB)
Appearances:
For the Plaintiff:
MARIA COSTANZA BARDUCCI
Barducci Law Firm, PLLC
5 West 19th Street, 10th Floor
New York, New York 10011
BLOCK, Senior District Judge:
Following the Court’s grant of Default Judgement, Plaintiff Joseph Rouse moves to
amend the Complaint to re-name an indispensable party. Rouse alleges that Jay St Fresh 9 Cents
Pizza Inc. is now doing business as an entity called Jay St Fresh 99 Cents Pizza Inc., and as such
is misnamed in the original Complaint. The motion comes more than 21 days after the Complaint
was served, so amendment is only possible “with the opposing party's written consent or the
court's leave.” Fed. R. Civ. P. 15(a)(2). As the Defendants have never responded to the Complaint
or any of the Court’s communiques, Rouse seeks the Court’s leave to amend. For the following
reasons, Plaintiff’s motion is GRANTED.
On March 31, 2025, the Court adopted Magistrate Judge Henry’s Report and
Recommendation, granting Plaintiff’s motion for Default Judgment. Dkt. 17. The Clerk of Court
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entered Final Default Judgment on April 1, 2025. Dkt. 18. Plaintiff’s motion to amend the
pleadings should be granted if “justice so requires.” Id. Furthermore, an amendment to change a
party’s name may relate back to the date of the original pleadings so long as (1) the claim arises
from the same conduct set out in the original pleading, and (2) the party to be brought in by
amendment received notice of the action, knew or should have known that the action would have
been brought against it, and will not be prejudiced by the amendment. Fed. R. Civ. P.
15(c)(1)(C). Here, the conduct and claims are the same, and the Defendant is the same but for the
change of name. Jay St Fresh 9 Cents Pizza Inc. and Jay St Fresh 99 Cents Pizza Inc. are the
same entity and they have been on notice of this action since its initiation, accordingly, amending
the complaint will not prejudice the Defendant (regardless of what name they do business under).
Rouse has waited two and a half years since filing this civil rights action and is unable to collect
on his Judgement simply because the Defendant is doing business under a different name. Justice
clearly supports the amendment.
Plaintiff’s motion to amend the Complaint is GRANTED. When Plaintiff files the First
Amended Complaint the Court will amend the captions on its Default Judgment Memorandum
and Order, Dkt. 17, and Judgement, Dkt. 18, and as well as the Attorney’s Fees Memorandum
and Order, Dkt. 21, and Attorney’s Fees Judgement, Dkt. 22, to reflect the amendment.
SO ORDERED.
_/S/ Frederic Block___________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
February 17, 2026
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