Acme American Repairs, Inc. et al v. Katzenberg et al

Filing 164

ORDER granting in part and denying in part 162 Motion for Attorney Fees; granting 163 Motion for Attorney Fees. For the reasons stated in the attached Order, Derval Lazzari is hereby ORDERED to reimburse defendants for $2, 514 in attorney's fees incurred preparing for and attending the settlement conference held on July 3, 2013. Ordered by Chief Mag. Judge Steven M. Gold on 7/8/2013. (Gold, Steven)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ACME AMERICAN REPAIRS, INC., et al.,
Plaintiffs,
ORDER
CV-03-4740 (RRM)

-againstHARVEY KATZENBERG and
PEARL KATZENBERG, f/k/a PEARL FEUER,
Defendants.
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GOLD, S., U.S.M.J.:

By Order dated June 3, 2013, and primarily at plaintiffs' request, I scheduled a settlement
conference. My Order directed both principals of plaintiffs to attend the conference. Docket
Entry 157. Moreover, during the telephone call scheduling the settlement conference, I
emphasized the importance of both of plaintiffs' principals attending because of my experience in
this and other lawsuits involving plaintiffs in which the possibility of reaching a settlement
agreement was frustrated by the failure of one principal to participate in the negotiations or even
the execution of documents plaintiffs had agreed to sign. Despite my Order, Derval Lazzari, one
of the two principals, failed to attend the settlement conference and, as a result, it could not
proceed. Accordingly, I issued an order directing that Lazzari pay the attorney's fees incurred by
defendants preparing for and attending the settlement conference. Docket Entry 161.
Defendants filed a motion on July 3, 2013 seeking $2,514 in attorney's fees. Docket
Entry 162. Plaintiffs responded by letter dated July 5, 2013. Docket Entry 163. In their
response, plaintiffs do not challenge the amount sought by defendants. Rather, plaintiffs object
to defendants' motion only insofar as it seeks to recover the attorney’s fees sought from plaintiffs
generally rather than Mr. Lazzari in particular, as I ordered on July 3.
For the reasons stated above, Derval Lazzari is hereby ORDERED to reimburse
defendants for $2, 514 in attorneys' fees incurred preparing for and attending the settlement
conference held on July 3, 2013.
SO ORDERED
_______/s/_______________
Steven M. Gold
United States Magistrate Judge
Brooklyn, New York
July 8, 2013