Capak v. Epps et al

Filing 120

ORDER: In light of these developments, a telephone conference is hereby scheduled for Friday, October 29, 2021 at 3:00 p.m. to discuss the status of this case and the scheduling of a trial. The parties shall use the dial-in information provided be low to call into the conference: Call-in Number: [phone]; Access Code: 1015508. This conference line is open to the public. Both parties are required to appear by telephone at this conference, including Defendant, even he remains unrepresen ted. The Court reminds Defendant, as explained in Judge Parker's July 28, 2021 order (Dkt. 119), that he may be able to use the resources of a free legal clinic called the New York Legal Assistance Group. Defendant is encouraged to make a tel ephone appointment with the clinic by calling [phone] or visiting its website at https://nylag.org/pro-se-clinic/. The Clerk of Court is respectfully directed to mail a copy of this order to Defendant. SO ORDERED. (Telephone Conference set for 10/29/2021 at 03:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 10/13/2021) (jca) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
RICHARD J. CAPAK,
Plaintiff,
v.

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 10/13/2021

No. 18-CV-4325 (RA)
ORDER

RORY DORALL SMITH,
Defendant.
RONNIE ABRAMS, United States District Judge:
On February 2, 2021, Magistrate Judge Parker granted the request of Defendant’s former
counsel to withdraw from this matter. Dkt. 113. Defendant has not obtained new counsel, nor has
he made any submissions on his own behalf or appeared pro se at a subsequent case management
conference scheduled by Judge Parker.
On June 17, 2021, following Defendant’s failure to attend that conference, Judge Parker
stated that discovery was closed and ordered that any motions for summary judgment would be
due within thirty days. On July 20, 2021, Judge Parker granted Plaintiff’s request for an
extension of time to file a summary judgment motion, setting the deadline to August 3, 2021.
Dkt. 118. To this date, however—more than two months later—neither party has filed a
dispositive motion, or anything else.
In light of these developments, a telephone conference is hereby scheduled for Friday,
October 29, 2021 at 3:00 p.m. to discuss the status of this case and the scheduling of a trial. The
parties shall use the dial-in information provided below to call into the conference: Call-in
Number: [phone]; Access Code: 1015508. This conference line is open to the public.

Both parties are required to appear by telephone at this conference, including Defendant,
even he remains unrepresented. The Court reminds Defendant, as explained in Judge Parker’s
July 28, 2021 order (Dkt. 119), that he may be able to use the resources of a free legal clinic
called the New York Legal Assistance Group. Defendant is encouraged to make a telephone
appointment with the clinic by calling [phone] or visiting its website at
https://nylag.org/pro-se-clinic/.
The Clerk of Court is respectfully directed to mail a copy of this order to Defendant.
SO ORDERED.
Dated:

October 13, 2021
New York, New York
________________________________
Ronnie Abrams
United States District Judge

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