Lia v. Scovotti

Filing 22

ORDER: Accordingly, it is hereby ORDERED that: 1. Plaintiff's counsel shall file an amended complaint by October 2, 2024, substituting Michael J. Lia, as representative, as the Plaintiff in this action. 2. The Case Management Conference scheduled for September 26, 2024 is adjourned to October 10, 2024 at 10:00 a.m. Counsel are directed to join the conference via Microsoft Teams using the following link: Click here to join the meeting now. [Meeting ID: 287 290 560 681 Passcode: Ct 2yXv] 3. Counsel shall jointly file a proposed case management plan by October 3, 2024, using the undersigned's form order available at: https://nysd.uscourts.gov/hon-gary-stein. The parties are hereby on notice that any further failure to comp ly with the Court's orders may result in sanctions, not limited to monetary sanctions; forfeiture of discovery rights; preclusion of claims, defenses, and evidence; and dismissal for failure to prosecute or entry of a default judgment. ( Amended Pleadings due by 10/2/2024., Case Management Conference set for 10/10/2024 at 10:00 AM before Magistrate Judge Gary Stein.) (Signed by Magistrate Judge Gary Stein on 9/25/2024) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ROBERT LIA,
Plaintiff,
- against JOSEPH T. SCOVOTTI,
Defendant.

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22 Civ. 10469 (MMG) (GS)
ORDER

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GARY STEIN, United States Magistrate Judge:
On August 26, 2024, the Court issued an Order (i) directing Plaintiff’s counsel to file an
amended complaint by September 4, 2024, substituting Michael J. Lia, as representative, as the
Plaintiff in this action; (ii) scheduling a case management conference for September 26, 2024;
and (iii) instructing the parties to jointly file a proposed case management plan no later than one
week prior to the conference. (Dkt. No. 21). To date, Plaintiff’s counsel has not filed an
amended complaint and the parties have not submitted a proposed case management plan. The
parties provide no explanation for these omissions.
This is unfortunately not the first time the parties have ignored the Court’s orders in this
case. The parties failed to comply with the discovery deadlines in the initial Civil Case
Discovery Plan and Scheduling Order entered on January 4, 2023 (Dkt. No. 10) and never
requested an extension of those deadlines. The Court later excused that default—only to now see
the parties once again ignore an order. I will, nonetheless, give the parties one more chance.
Accordingly, it is hereby ORDERED that:
1. Plaintiff’s counsel shall file an amended complaint by October 2, 2024, substituting

Michael J. Lia, as representative, as the Plaintiff in this action.
2. The Case Management Conference scheduled for September 26, 2024 is adjourned to
October 10, 2024 at 10:00 a.m. Counsel are directed to join the conference via
Microsoft Teams using the following link: Click here to join the meeting now.
[Meeting ID: 287 290 560 681 Passcode: Ct2yXv]
3. Counsel shall jointly file a proposed case management plan by October 3, 2024, using
the undersigned’s form order available at: https://nysd.uscourts.gov/hon-gary-stein.
The parties are hereby on notice that any further failure to comply with the Court’s orders may
result in sanctions, not limited to monetary sanctions; forfeiture of discovery rights; preclusion of
claims, defenses, and evidence; and dismissal for failure to prosecute or entry of a default
judgment.
Dated:

New York, New York
September 25, 2024
______________________________
GARY STEIN
United States Magistrate Judge

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