Guglielmo v. Onnit Labs, Inc.
- Analisa Torres
- 1:20-cv-05565
- U.S. District Court · Southern District of New York
- 1
In Guglielmo v. Onnit Labs, Inc., Judge Torres postponed the initial conference, set a filing deadline, and warned dismissal could follow continued noncompliance.
Joseph Guglielmo and Onnit Labs, Inc.; the order requires the parties to submit a joint letter and case management plan and affects the scheduled pretrial conference.
What happened
Guglielmo v. Onnit Labs, Inc. concerns overdue submissions that the court had ordered the parties to file. The court said the plaintiff had failed to comply with multiple orders.
The court adjourned the initial pretrial conference from September 17 to October 1, 2020, at 11:40 a.m. It ordered the parties to submit their joint letter and proposed case management plan by September 24, 2020.
Judge Analisa Torres warned that the case could be dismissed if the plaintiff continued failing to follow court orders or federal rules. The order did not decide the underlying claims.
The detailed version
- Guglielmo v. Onnit Labs, Inc. · No. 1:20-cv-05565
- Analisa Torres
- Sept. 16, 2020
Background
The court had previously ordered the parties to submit a joint letter and proposed case management plan by September 10, 2020. After that deadline passed, the court ordered them to make the submission by September 15, 2020. The opinion states that the second deadline also passed without the required submission.
What the Court Ordered
The court adjourned the initial pretrial conference scheduled for September 17, 2020, to October 1, 2020, at 11:40 a.m. The parties were ordered to submit their joint letter and proposed case management plan by September 24, 2020. The order also provided instructions for joining the conference by telephone.
Warning About Dismissal
The court stated that the plaintiff had failed to comply with multiple court orders. It warned that Federal Rule of Civil Procedure 41(b) allows a court to dismiss an action when a plaintiff fails to pursue the case or comply with federal rules or a court order. The court did not dismiss the case in this order and did not decide the underlying claims. Judge Analisa Torres issued the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.