Maury v. Contor Associates, LLC
- Lewis Liman
- 1:24-cv-06041
- U.S. District Court · Southern District of New York
- 3
In Maury v. Contor Associates, Judge Liman fined Defendants $500 for violating a court-ordered mediation requirement.
Defendants must pay a $500 fine to the Clerk of Court by May 6, 2025, and file proof of payment. Plaintiff did not receive sanctions payable to her.
What happened
In Maury v. Contor Associates, LLC, the court had ordered the parties to participate in mediation in good faith. Plaintiff tried to participate, but Defendants missed two mediation-related calls, cancelled a scheduled session, and did not provide dates for rescheduling.
Plaintiff asked the court to impose sanctions. Defendants admitted they failed to participate but argued that their conduct was not deliberate or in bad faith. The court explained that bad faith was not required and that sanctions could be imposed for violating a clear pretrial order without substantial justification.
Judge Liman imposed a $500 fine on Defendants, payable to the Southern District of New York’s Clerk of Court by May 6, 2025. Defendants must file proof of payment. The court declined to impose sanctions payable to Plaintiff.
The detailed version
- Maury v. Contor Associates, LLC · No. 1:24-cv-06041
- Lewis Liman
- Apr. 22, 2025
Background
On November 26, 2024, the court referred the matter to its court-annexed Mediation Program and ordered the parties to participate in mediation in good faith. Plaintiff attempted to participate. Defendants did not participate in two scheduled mediation-related calls in January 2025. Defendants’ counsel cancelled a mediation session scheduled for February 28, 2025, for personal reasons, and then did not provide dates when he might be available for a new session.
On March 20, 2025, the mediator reported that mediation had not occurred because one or both parties failed, refused to attend, or refused to participate. On April 8, 2025, Plaintiff moved by letter for sanctions based on Defendants’ violation of the court’s order. The court ordered Defendants to explain why sanctions should not be imposed. Defendants admitted that they failed to participate but argued that the failure was not deliberate or in bad faith.
Rule and Analysis
Federal Rule of Civil Procedure 16(f)(1)(C) allows a court to issue just orders when a party or attorney fails to obey a scheduling or other pretrial order. The court stated that it may require parties to appear for a settlement conference and may impose sanctions when a party fails to do so. It also stated that a showing of bad faith is not required to impose sanctions.
The court found that its mediation order was clear and unambiguous and that Defendants’ violation was not substantially justified.
Disposition
The court imposed a $500 fine on Defendants, payable to the Clerk of Court for the Southern District of New York by May 6, 2025. Defendants may pay by check or wire transfer and must file proof of payment on the docket. The court declined to impose sanctions payable to Plaintiff because it did not appear that Plaintiff had spent resources attending mediation and it was unclear that Defendants had acted in bad faith.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.