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S.D.N.Y.Procedural orderFiled Nov. 30, 2020

Ramales Perez v. East Side Top Cleaners LLC

Judge
Lewis Liman
Docket
1:20-cv-05509
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureDiscovery
In one sentence

In Ramales Perez v. East Side Top Cleaners, Judge Liman scheduled a conference, stayed discovery, and warned that an uncounseled corporation could face default judgment.

Who this affects

The plaintiff, the defendants, their counsel, and the corporate defendant whose failure to retain counsel could lead the court to consider a default-judgment motion.

What happened

In Juana Ramales Perez v. East Side Top Cleaners LLC, the court issued scheduling and case-management directions in the civil case.

The court ordered counsel for all parties to attend a telephone case-management conference, submit a joint proposed case-management plan and scheduling order, and participate in court-annexed mediation. It also stayed discovery while mediation is pending.

Judge Lewis J. Liman stated that corporate defendants cannot participate without lawyers and that, if mediation does not resolve the case and the corporate defendant does not hire counsel, the court would consider a motion by the plaintiff for default judgment. The order did not itself enter default judgment.

The detailed version

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

Case
Ramales Perez v. East Side Top Cleaners LLC · No. 1:20-cv-05509
Judge
Lewis Liman
Date
Nov. 30, 2020

Nature of the Order

This is a case-management and scheduling order, not a decision on the underlying claims.

Orders About the Conference and Case Plan

The court ordered counsel for all parties to appear by telephone for a case-management conference on February 5, 2020, at 12:00 p.m. The order directed the parties to call the court's conference number and access code. It also required the parties to jointly submit a proposed case-management plan and scheduling order one week before the conference. The order directed the parties to consult the court's individual practices for civil cases and its guidance about the initial pretrial conference and communications with chambers.

Mediation and Discovery

The court stayed discovery while the parties participate in the court-annexed mediation program. The order stated that a separate order concerning mediation would issue, although the relevant text appears incomplete in the provided opinion.

Corporate Representation and Possible Default Judgment

The court stated that corporate defendants may not proceed without counsel. It further stated that, if mediation does not resolve the case and the corporate defendant does not retain counsel, the court would entertain a motion by the plaintiff for default judgment. The court cited appellate authority stating that a corporation may appear in a lawsuit only through an attorney and that a default judgment may be entered when a corporation repeatedly fails to appear through counsel. The court did not enter default judgment in this order.

Other Direction and Disposition

The Clerk of Court was directed to mail a copy of the order to the plaintiff at the address stated in the opinion. The order was signed by Judge Lewis J. Liman and dated November 30, 2020.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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