Chopen v. Olive Vine, Inc. et al

Filing 13

Minute Order for proceedings held before Magistrate Judge Marilyn D. Go: Status Conference held on 3/8/2013. Appearance for S. Lucas for plaintiff. Counsel for defendants failed to appear and could not be reached. The Court grants plaintiff's request to amend the caption of this action to reflect plaintiff's correct name, Valerio Pablo Chopen, and plaintiff's 11 Motion to Compel, as set forth in attached order. Defendants must produce the requested discovery by 3/29/2013. D iscovery is extended to 4/30/2013. Defendants are further sanctioned $500, in partial payment of plaintiff's attorneys' fees for this motion, which must be paid by 3/29/2013. Plaintiff must mail a paper copy of this Minute Order on t he individual and corporate defendants, along with the outstanding discovery requests. Defendants are warned that continued failure to comply could result in further sanctions, including entering default judgment. FTR: 11:44 - 11:55. (Albertsen, Joanne)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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VALERIO PABLO CHOPEN,
Plaintiff,
ORDER
- against CV 2012-2269 (NGG)(MDG)
OLIVE VINE, INC., et al.,
Defendants.
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Counsel for defendants Olive Vine, Inc. and Zaid Demis
failed to appear for a conference held on March 8, 2013, a date
set in an order dated February 20, 2013, and to pay a $50
sanction to plaintiff's counsel by March 6, 2013, which was also
ordered on February 20, 2013.

Defendants also had failed to

appear for the February 20, 2013 conference.
Both conferences were set to hear plaintiff's Motion to
Compel discovery responses and to amend the caption to correct
the plaintiff's name to Valerio Pablo Chopen.
opposition has been filed.

Ct. doc. 11.

No

As discussed on the record on March

8, 2013, plaintiff's motion is granted as unopposed.
Hereinafter, all prior filings referring to "Pablo Valerio
Chopen" are deemed corrected to refer to "Valerio Pablo Chopen"
and the Clerk of the Court is respectfully requested to amend the
docket sheet accordingly.

Defendants must produce the requested

discovery by March 29, 2013.
2013.

Discovery is extended to April 30,

Counsel for defendants is reminded that once he appears for
a client, he may not withdraw from a case unless he first seeks
leave of the Court.

See Local Civil Rule 1.4

Until leave is

granted, counsel must appear at all court conferences and is
responsible for responding to motions and discovery requests on
behalf of his clients.
Since defendants and their counsel have not provided any
explanation for their counsel's absence at two conferences nor
have they paid the sanction imposed, the Court imposes an
additional $500 sanction jointly on the individual and corporate
defendants and their attorney, John Wilson.

This amount

represents a portion of the attorneys' fees that plaintiff has
undertaken in making his motion to compel and is without
prejudice to plaintiff seeking the full amount of fees incurred
in making the motion to compel and attendance at the two
conferences at which defense counsel failed to appear.

The

sanction of $500 now imposed, as well as the $50 sanction
previously imposed, must be paid by March 29, 2013 to counsel for
plaintiff Valerio Pablo Chopen.

However, this is without

prejudice to defendants or their counsel seeking a different
allocation of liability for these sanctions.

Any such

submissions must be filed by March 22, 2013.
Where one party fails to comply with Court orders, such
conduct "can impose serious costs on adversaries, on parties to
other matters before the court . . . and on the efficiency with

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which the district court addresses its business."

Mitchell v.

Lyons Prof'l Servs., Inc., --F.3d--, 2013 WL 709645, at *4 (2d
Cir. 2013).

Defendants are advised that their continued failure

to comply with Court orders and their discovery obligations will
result in further and more drastic sanctions.

Given defendants'

inaction described in plaintiff's motion to compel and counsel's
failure to appear for two conference, defendants are warned that
there may be grounds for the Court to strike their answer and
impose a default judgment.
Plaintiff is directed to fax a copy of this Order and minute
entry on counsel for the defendants and to mail a copy to the
individual and corporate defendants at the address best known to
counsel, along with a copy of the outstanding discovery requests.
A conference will be held on May 3, 2013 at 10:00 a.m.
following the close of discovery.
SO ORDERED.
Dated:

Brooklyn, New York
March 11, 2013
/s/________________________
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE

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