Usherson v. Bandshell Artist Management
- Jesse Furman
- 1:19-cv-06368
- U.S. District Court · Southern District of New York
- 1
Usherson v. Bandshell Artist Management: Judge Furman continued a hearing on sanctions after the parties agreed to dismiss the case.
The plaintiff and defendant, their counsel, and the three witnesses scheduled to testify at the sanctions hearing.
What happened
Usherson v. Bandshell Artist Management concerned the parties’ agreement to voluntarily dismiss the case. The court said that dismissal would make the defendant’s request for a bond moot, but would not make its request for sanctions moot.
The court kept the January 8, 2020 hearing on the sanctions request. Three witnesses—Mr. Liebowitz, Mr. Newberg, and the mediator—were scheduled to testify about whether Mr. Liebowitz authorized an associate to attend the mediation and allowed the plaintiff to participate by telephone.
Judge Jesse M. Furman directed the parties to prepare for questioning and brief oral arguments, and ordered the Clerk of Court to terminate ECF No. 29. The order did not decide the sanctions request.
The detailed version
- Usherson v. Bandshell Artist Management · No. 1:19-cv-06368
- Jesse Furman
- Dec. 20, 2019
Background
On December 19, 2019, the parties submitted a stipulation of voluntary dismissal. The opinion states that dismissal of the case mooted the defendant’s motion for a bond, but did not moot the defendant’s motion for sanctions. A sanctions motion asks the court to impose penalties for alleged litigation-related conduct.
Hearing
The court ordered that the January 8, 2020 hearing would proceed as planned. The court would hear sworn testimony from Mr. Liebowitz, Mr. Newberg, and the mediator. Their previously submitted declarations would serve as their direct testimony, followed by cross-examination.
The questioning was limited to whether Mr. Liebowitz obtained advance permission from the mediator for an associate to appear at the mediation instead of him and for the plaintiff to participate by telephone. The court also described the order of questioning and directed counsel to be prepared for brief oral argument at the end of the hearing.
Disposition
The order continued the hearing on the sanctions motion and did not rule on whether sanctions should be imposed. The Clerk of Court was directed to terminate ECF No. 29.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.