Liberty Holdings (NYC) LLC et al v. Aposta, Inc. et al

Filing 60

ORDER. Mr. Quigg's request for a continuance of the May 19 telephonic conference is DENIED. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/18/20) (yv)

Case 1:18-cv-05108-LAP Document 60 Filed 05/18/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
LIBERTY HOLDINGS (NYC) LLC, and
DREAMBUILDER INVESTMENTS, LLC,
Plaintiffs,

No. 18 Civ. 5108 (LAP)

-against-

ORDER

APOSTA, INC., and GENE HACKER,,
Defendants.

LORETTA A. PRESKA, Senior United States District Judge:
The Court is in receipt of the parties’ letters regarding Mr.
Quigg’s requested continuance of the telephonic conference on the
Court’s order to show cause, (dkt. no. 50), currently scheduled
for May 19, 2020.

(See Quigg Letter, dated May 18, 2020 [dkt. no.

58]; see also Plaintiff’s Letter, dated May 18, 2020 [dkt. no 59].)
For

the

reasons

detailed

below,

Mr.

Quigg’s

request

for

a

continuance of the conference is DENIED.
Mr. Quigg seeks an eleventh-hour continuance first on the
ground that his “office is not operating,” “all of [his] staff has
been sent home,” and he “do[es] not have access to [his] files.”
(Quigg Letter at 1.)
has

recently

made

That statement is belied by the fact that he
numerous

filings

with

the

United

States

Bankruptcy Court for the Eastern District of California and the
Central District of California.

(See Plaintiff’s Letter at 1.)

In addition, Mr. Quigg has apparently scheduled appearances in
1

Case 1:18-cv-05108-LAP Document 60 Filed 05/18/20 Page 2 of 2

other matters before the United States Bankruptcy Court for the
Central District of California, including an appearance on the
date of the scheduled conference.

(Id. at 2.)

If Mr. Quigg is

capable of making filings and appearing in other matters, he is
capable of appearing for a telephonic conference before this
Court.1
Mr. Quigg alternatively seeks a continuance because he has
“been ill and not able to do any work.”

(Quigg Letter at 1.)

But

Mr. Quigg has provided no evidence of this condition and has given
the Court nothing to rely on but his word.

At this point, that is

not enough. If the history of this case has demonstrated anything,
it is that Mr. Quigg has not earned the benefit of the doubt from
this Court.
Accordingly, Mr. Quigg’s request for a continuance of the May
19 telephonic conference is DENIED.
SO ORDERED.
Dated:

New York, New York
May 18, 2020
__________________________________
LORETTA A. PRESKA
Senior United States District Judge

1

The Court notes that this conference was rescheduled for May 19
after being initially continued over two months ago on March 6.
(See dkt. no. 56.)
The subject matter to be discussed at the
conference--the Court’s February 4 order to show cause--has not
changed since the Court first scheduled the conference on February
4. (See dkt. no. 50.) Even assuming arguendo that he does not
have access to his files as he claims, Mr. Quigg has had more than
ample time to prepare for this conference.
2