Hernandez v. Warwick Properties. Inc. et al

Filing 231

ORDER: The request for a pre-motion conference is DENIED as unnecessary at this time, for the reasons set forth below, as further set forth. Accordingly, at this time, the Court is not persuaded that AM Framing has acted with "willfulness [or] b ad faith" such that the "drastic remedy" of striking AM Framing's answer is appropriate. See Pelgrift v. 355 W. 51st Tavern Inc., 2016 WL 817470, at *2 (S.D.N.Y. Feb. 23, 2016). However, should AM Framing engage in additional cond uct prejudicial to plaintiff or fail to cooperate in discovery, the Court may reconsider. The Court reminds counsel that they "are expected to cooperate with each other... in all phases of the discovery process and to be courteous in their dealings with each other." S.D.N.Y. Local Civil Rule 26.4(a). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/15/2022) (mml)

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