Andrade-Barteldes v. ASA College, Inc.
- Lewis Liman
- 1:23-cv-00495
- U.S. District Court · Southern District of New York
- 3
In Ernest Andrade-Barteldes v. Jose Valencia, Judge Liman adjourned a contempt conference and warned Valencia that missing it could bring additional sanctions.
Jose Valencia, the plaintiff and class, Class Counsel, and the defendants subject to the earlier class-list order.
What happened
In Ernest Andrade-Barteldes v. Jose Valencia, the court addressed whether Jose Valencia was complying with an earlier order requiring defendants to provide a complete list of class members. The class consists of faculty members of ASA College since January 19, 2017.
The court had previously held the defendants in civil contempt after they failed to provide the required list. Although Valencia provided a spreadsheet, Class Counsel said it did not include mailing addresses. Valencia did not attend the August 13, 2024 conference, which also addressed whether further sanctions might be needed.
Judge Lewis J. Liman adjourned the conference until September 10, 2024, so Class Counsel could present evidence about Valencia’s continued noncompliance. The court warned that further contempt sanctions, potentially including a warrant for Valencia’s arrest, could follow and ordered Class Counsel to serve Valencia with the order.
The detailed version
- Andrade-Barteldes v. ASA College, Inc. · No. 1:23-cv-00495
- Lewis Liman
- Aug. 14, 2024
Background
The court held a telephone status conference on August 13, 2024. Counsel for the plaintiff and the class attended, but defendant Jose Valencia and his counsel did not.
On December 4, 2023, the court certified a conditional collective action under the Fair Labor Standards Act and a class action under Rule 23 of the Federal Rules of Civil Procedure. The court ordered the defendants to provide, within 21 days, a class list containing the names and last known addresses of all putative class members. The class consists of all faculty members of ASA College since January 19, 2017.
On February 23, 2024, the court held the defendants in civil contempt for failing to comply with that order. It stated that contempt sanctions of $1,000 per day would begin on March 18, 2024, if the defendants remained out of compliance. Valencia later wrote that the lawsuit should be against ASA College rather than him as an employee. Class Counsel reported that Valencia had provided a spreadsheet with class members’ names, job titles, and cell phone numbers or email addresses, but not mailing addresses. On August 6, 2024, Class Counsel reported that the required class list still had not been provided.
Court’s Action
The August 13 conference was held partly to determine whether additional contempt sanctions were appropriate to compel compliance. Because the court was considering action that could result in Valencia’s arrest, it requested that an attorney from the Federal Defenders of New York attend; an attorney did attend.
The court adjourned the conference until September 10, 2024, at noon. It gave Class Counsel an opportunity to present evidence that Valencia continued to violate the December 4, 2023 order and that further action was needed to bring him into compliance. The court stated that such action could include issuing a warrant for Valencia’s arrest. It warned Valencia that failing to attend the rescheduled conference could result in additional contempt sanctions.
Disposition
Judge Lewis J. Liman did not issue an arrest warrant in this order or make a final determination about additional sanctions. He rescheduled the conference, directed the parties to attend, allowed either party to request an adjournment if necessary, and ordered Class Counsel to serve Valencia with the order and file proof of service. This was a procedural order concerning compliance with an earlier contempt-related directive, not a decision on the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.