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S.D.N.Y.Procedural orderFiled June 2, 2020

Dubai Equine Hospital v. Equine Imaging, LLC

Judge
Vernon Broderick
Docket
1:18-cv-06925
Court
U.S. District Court · Southern District of New York
Pages
5
Civil ProcedureDiscoveryPro Se
In one sentence

In Dubai Equine Hospital v. Equine Imaging, Judge Broderick denied without prejudice a request for default judgment and fees over discovery failures.

Who this affects

Dubai Equine Hospital, Equine Imaging, LLC, and George Papaioannou. The ruling denied the plaintiff’s request for default judgment and fees without prejudice and imposed or reiterated obligations affecting the defendants.

What happened

In Dubai Equine Hospital v. Equine Imaging, LLC, the plaintiff asked the court to enter default judgment against Equine Imaging, LLC and George Papaioannou and award attorney’s fees and costs.

The plaintiff said the defendants failed to provide deposition dates, explain why documents were withheld as confidential, comply with discovery obligations, or retain new counsel for Equine Imaging after its former lawyers withdrew.

Judge Vernon S. Broderick denied the application without prejudice. The order stated that Equine Imaging could not proceed without a lawyer, allowed Papaioannou to proceed without one, and required the defendants to comply with prior discovery orders.

The detailed version

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

Case
Dubai Equine Hospital v. Equine Imaging, LLC · No. 1:18-cv-06925
Judge
Vernon Broderick
Date
June 2, 2020

Background

Dubai Equine Hospital asked the court to enter default judgment against Equine Imaging, LLC and George Papaioannou. It also asked for attorney’s fees and costs based on alleged discovery failures and Equine Imaging’s failure to retain new counsel after its previous counsel withdrew.

The plaintiff’s submission stated that the defendants had not provided dates for their depositions, explained their withholding of documents on confidentiality grounds, reviewed or signed a proposed protective order, or responded to repeated requests and court orders. The plaintiff also stated that the court had previously granted a motion to compel and had warned Equine Imaging that it could face default judgment if it did not retain counsel.

Court’s Ruling

Judge Vernon S. Broderick denied the application without prejudice. The order stated that Equine Imaging, LLC could not proceed without counsel and had to retain a lawyer. It stated that George Papaioannou could proceed without a lawyer but had to advise the court whether he would do so. The order also required the defendants to comply with the court’s prior discovery orders by June 19, 2020.

The supplied order contains partially obscured text. As a result, the exact deadline for Equine Imaging to retain counsel and the exact deadline for Papaioannou to advise the court cannot be determined from the text provided. The order indicated that the plaintiff could renew its application if the defendants failed to comply.

The authoritative version

Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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