Price v. New York Container Terminal Inc.
Filing 30
ORDER denying as moot 29 Motion for Leave to Appear pro hac vice ; denying as moot 29 Motion for Extension of Time to File Response/Reply ; denying as moot 29 Motion for Approval of Infant Compromise. (1) The plaintiff has filed a motio n seeking the following forms of relief: a request to appear pro hac vice, an extension of time to file a response or reply to something, and approval of an infant compromise. See Docket Entry ("DE") 29 . I deny the motion in its entirety as moot: the plaintiff is represented by counsel, there is nothing pending to which she must file a response or reply, and the sole plaintiff is an adult. (2) To the extent the letter submitted in support of the motion reveals that w hat the plaintiff's counsel actually wants is a last-minute adjournment of a conference scheduled over a month ago, see DE 25 , on the ground that he has decided to discharge his obligation in another case rather than his obligation in t his one, see DE 29 , I deny the motion and remind counsel that I have previously stated I would grant no further belated requests for scheduling relief. See Order dated June 1, 2009. (3) I also note that the plaintiff has failed to d ischarge her obligation to submit an ex parte statement of her settlement position as required. See DE 12 , Paragraph III.b. I have previously warned the plaintiff through counsel that a "continued failure to discharge her... li tigation duties... will result in a recommendation that the court dismiss the Complaint for failure to prosecute." Order dated July 3, 2009. (4) Under all of the circumstances, I conclude that the plaintiff and her counsel have made it impossib le to conduct the conference I scheduled for tomorrow and that was supposed to have included a discussion of settlement. Lacking any satisfactory alternative, I will reschedule the conference to Wednesday, October 28, 2009, at 2:00 p.m. The plainti ff must appear in person along with her counsel, so that they can show cause why I should not recommend dismissal, or impose some appropriate lesser sanction on the plaintiff or her counsel. The parties must be prepared to discuss all aspects of the status of the case, and to discuss settlement in good faith. I direct the plaintiff's counsel to submit an ex parte statement of settlement position no later than 5:00 p.m. on October 27, 2009, and I direct the plaintiff's counsel to provide a copy of this order to his client forthwith. Ordered by Magistrate Judge James Orenstein on 10/26/2009. (Orenstein, James)
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