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S.D.N.Y.Procedural orderFiled Sept. 30, 2024

Vuppala v. Joey Pepperoni's Broadway Inc.

Judge
Gregory Woods
Docket
1:21-cv-02446
Court
U.S. District Court · Southern District of New York
Pages
2
BankruptcyCivil Procedure
In one sentence

In Vuppala v. Joey Pepperoni’s, Judge Woods ordered Vuppala to explain how 381 Broadway Realty’s bankruptcy affects his claims by October 2.

Who this affects

Kiran Vuppala, who was ordered to file the required memorandum by October 2, 2024, and the defendants because the memorandum concerned the effect of 381 Broadway Realty Corp.’s bankruptcy on the case.

What happened

In Vuppala v. Joey Pepperoni’s Broadway Inc., the court had previously ordered Kiran Vuppala to file a legal memorandum explaining how 381 Broadway Realty Corp.’s bankruptcy proceeding affected his claims. The memorandum also had to address his failure to file a bankruptcy claim despite notice of the proceeding.

The court had not received the required memorandum by September 30, 2024. The court therefore directed Vuppala to comply with its earlier order immediately and no later than October 2, 2024, when the parties’ joint status letter and proposed case-management plan were due.

Judge Gregory H. Woods warned that failure to follow the court’s orders could result in sanctions. The order did not decide the underlying claims or the effect of the bankruptcy proceeding.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Vuppala v. Joey Pepperoni's Broadway Inc. · No. 1:21-cv-02446
Judge
Gregory Woods
Date
Sept. 30, 2024

Background

Kiran Vuppala sued Joey Pepperoni’s Broadway Inc., doing business as Joey Pepperoni’s Pizza, and 381 Broadway Realty Corp. In an August 13, 2024 order, the court directed Vuppala to file a memorandum of law by September 2, 2024. The memorandum had to provide a detailed explanation of his position concerning the effect of 381 Broadway Realty Corp.’s bankruptcy proceeding on the case. It also had to address the effect of the bankruptcy on Vuppala’s claims and the consequences of his failure to file a proof of claim despite being notified of the bankruptcy proceedings.

The August 13 order required Vuppala to file the memorandum whether or not he was able to speak with counsel for 381 Broadway Realty Corp.

Court’s Action

By September 30, 2024, the court had not received the memorandum. Judge Gregory H. Woods directed Vuppala to comply with the August 13 order immediately and, at the latest, by October 2, 2024. October 2 was also the deadline for the parties’ joint status letter and proposed case-management plan.

The court reminded Vuppala that failing to comply with court orders could result in sanctions. The order did not resolve the parties’ underlying claims or decide how the bankruptcy proceeding affected them.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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