Sibanda v. Elison et al

Filing 138

ORDER denying without prejudice 134 Letter Motion to Compel; denying without prejudice 136 Motion for Sanctions. The new action, filed on August 21, 2024, has since been reassigned to the undersigned as related to the above-captioned action. S ee 24-CV-6310 (JMF). Because Defendant Lin's letter motion concerns Sibanda's conduct in the new action - and because Sibanda's motion concerns that letter motion - both motions are DENIED without prejudice to seeking appropriate rel ief in the new action. That also means that Defendants' request for "additional time to submit their attorneys' fees application [pursuant to the Court's sanctions Order], in the event that additional reimbursable fees are accr ued in connection with proceedings seeking compliance with this Court's dismissal and sanctions orders" is denied; Defendants' joint fee application thus remains due no later than thirty days after the Court's August 14, 2024 Op inion and Order, and Sibanda's opposition thereto, if any, remains due within two weeks of any such application. See ECF No. 130, at 12-13. To the extent that sanctions arising out of conduct relating to the new action may be appropriate, that relief must be sought separately in the new action. This case remains closed. The Clerk of Court is directed to terminate ECF Nos. 134, 136. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/29/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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KISSINGER N. SIBANDA,
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Plaintiff,
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-v:
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DAVID ELISON et al.,
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Defendants.
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23-CV-5752 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
On August 14, 2024, the Court granted Defendants’ motions to dismiss and motions for
sanctions against Plaintiff Kissinger N. Sibanda. ECF Nos. 130-31. On August 23, 2024,
Defendant Lin filed a letter motion “to compel Sibanda’s compliance with” the Court’s Order
and for “any additional sanctions that might be warranted for non-compliance,” on the ground
that — since this Court’s dismissal of the above-captioned action — Sibanda had filed a new
action raising similar claims, including claims the Court denied Sibanda leave to plead in an
amended complaint. ECF No. 134; see also ECF No. 135 (Sibanda’s letter response). On
August 25, 2024, Sibanda filed a motion for sanctions against Defendant Lin and her counsel
“for . . . misrepresentations made in the motion to compel.” See ECF No. 136.
The new action, filed on August 21, 2024, has since been reassigned to the undersigned
as related to the above-captioned action. See 24-CV-6310 (JMF). Because Defendant Lin’s
letter motion concerns Sibanda’s conduct in the new action — and because Sibanda’s motion
concerns that letter motion — both motions are DENIED without prejudice to seeking
appropriate relief in the new action. That also means that Defendants’ request for “additional
time to submit their attorneys’ fees application [pursuant to the Court’s sanctions Order], in the

event that additional reimbursable fees are accrued in connection with proceedings seeking
compliance with this Court’s dismissal and sanctions orders” is denied; Defendants’ joint fee
application thus remains due no later than thirty days after the Court’s August 14, 2024
Opinion and Order, and Sibanda’s opposition thereto, if any, remains due within two weeks of
any such application. See ECF No. 130, at 12-13. To the extent that sanctions arising out of
conduct relating to the new action may be appropriate, that relief must be sought separately in
the new action. This case remains closed.
The Clerk of Court is directed to terminate ECF Nos. 134, 136.
SO ORDERED.
Dated: August 29, 2024
New York, New York

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JESSE M. FURMAN
United States District Judge

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