1410 Lexington Avenue LLC v. Michele Iuliano and Anisa Iuliano
- Katherine Failla
- 1:25-cv-06179
- U.S. District Court · Southern District of New York
- 2
In 1410 Lexington Avenue LLC v. Michele Iuliano, Judge Failla ordered Plaintiff to explain next steps after required filings were missing and Defendants had not appeared.
1410 Lexington Avenue LLC must file a letter by October 30, 2025 explaining the next steps it envisions. Michele Iuliano and Anisa Iuliano had not appeared, and the case could potentially face dismissal if Plaintiff continues not to participate.
What happened
In 1410 Lexington Avenue LLC v. Michele Iuliano, the court had scheduled an initial pretrial conference for October 23, 2025 and required the parties to submit case-management documents by October 16. The parties did not submit them, and Defendants had not appeared.
The court tried to contact Plaintiff’s counsel by email and telephone but received no response and found that the listed telephone number was incorrect. The court ordered Plaintiff to file a letter by October 30 explaining what steps it expected to take in the case.
Judge Katherine Polk Failla warned that continued failure to participate could lead the court to consider dismissing the case for failure to prosecute. The order did not dismiss the case or decide the parties’ underlying claims.
The detailed version
- 1410 Lexington Avenue LLC v. Michele Iuliano and Anisa Iuliano · No. 1:25-cv-06179
- Katherine Failla
- Oct. 21, 2025
Background
On August 11, 2025, the court scheduled an initial pretrial conference for October 23, 2025. The court also ordered the parties to submit a proposed case-management plan and joint letter by October 16, 2025.
The required documents had not been filed by October 21. The order states that Defendants had not appeared in the case. On October 17, the court emailed Plaintiff’s counsel to ask about the missing documents and whether Plaintiff had contacted Defendants. The court also encouraged Plaintiff, if appropriate, to seek an adjournment of the conference and to follow the procedure for requesting a judgment based on a defendant’s failure to respond. Counsel did not respond. On October 21, the court called the telephone number listed for counsel and learned that it was a wrong number belonging to someone unaffiliated with counsel’s law firm.
Order
The court ordered Plaintiff to file a letter by October 30, 2025, explaining the next steps it envisioned for the case. The court warned that failure to follow the order and continued failure to participate could lead it to consider dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b).
The court did not dismiss the case, enter judgment, decide a motion, or resolve the underlying claims. The order is therefore a procedural order concerning the case’s administration and Plaintiff’s participation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.