Pruter v. Local 210's Pension Trust Fund et al

Filing 174

ORDER re: 134 Order on Motion to Adjourn Conference. No later than January 12, 2021 at 12:00 noon, plaintiffs' counsel shall submit an updated acknowledgment form identifying each plaintiff who will attend the January 12, 2021 settlement conference, via email to [e-mail], with a copy to defendants' counsel. It is counsel's responsibility to ensure that each such plaintiff is aware of the time, date, and dial-in information for the conference. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/11/2021) (kv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

1/11/2021

JANET PRUTER, et al.,
Plaintiffs,

15-CV-1153 (AT) (BCM)

-againstLOCAL 210, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, et al.,

ORDER

Defendants.
BARBARA MOSES, United States Magistrate Judge.
This is an ERISA action, filed more than five years ago, in which I conducted a judicially
supervised settlement conference on July 14, 2020. (See Dkt. No. 116.) At the parties' request, I
issued a Scheduling Order (Dkt. No. 123) setting a second settlement conference for October 26,
2020, which was subsequently rescheduled to January 12, 2021. (Dkt. No. 134.)
In advance of the first settlement conference, the parties failed to comply with a number
of the Court's pre-conference requirements and were warned that future noncompliance could
result in sanctions. (Dkt. No. 101.) Notwithstanding that warning, plaintiffs' counsel again failed
to comply with this Court's orders, requiring yet another remedial order. (Dkt. No. 102.)
In advance of the second conference, plaintiffs' counsel has failed, yet again, to comply
with this Court's basic settlement-related directions. First, counsel failed to timely submit the
materials required by ¶¶ 3-4 of the Scheduling Order, requiring chambers staff to call counsel
after the deadline expired. Second, plaintiffs' acknowledgement form fails to identify which
plaintiffs will be attending the conference. Third, counsel sent an email to chambers asking
whether the conference will take place "by telephone or some sort of video conference." A
follow-up email sent by one of the individual plaintiffs suggests that those plaintiffs who do plan
to attend are unaware of the date, time, or dial-in information for the conference. All of this
information is in the Scheduling Order.

No later than January 12, 2021 at 12:00 noon, plaintiffs' counsel shall submit an
updated acknowledgment form identifying each plaintiff who will attend the January 12, 2021
settlement conference, via email to [e-mail], with a copy to
defendants' counsel. It is counsel's responsibility to ensure that each such plaintiff is aware of the
time, date, and dial-in information for the conference.

Dated: New York, New York
January 11, 2021
SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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