Capital Art, Inc. v. Sit Down New York, Inc.
- Ronnie Abrams
- 1:19-cv-04454
- U.S. District Court · Southern District of New York
- 1
In Capital Art v. Sit Down New York, Judge Abrams ordered plaintiff to identify its lawyer and explain missed settlement communications, warning of possible dismissal.
Capital Art, Inc. and the person representing it are required to respond; the order also concerns the parties’ participation in the settlement process. No dismissal was entered by this order.
What happened
Capital Art, Inc. v. Sit Down New York, Inc. had been referred to Magistrate Judge Netburn for a settlement conference at the parties’ request.
The court said the parties had not responded to repeated messages from Judge Netburn’s chambers about scheduling the conference. It also noted that Capital Art’s lawyer had been preliminarily suspended from practicing in the Southern District of New York.
Judge Abrams ordered Capital Art to file a letter within 30 days identifying who represents it and explaining why it did not participate in the settlement process. The court warned that failing to file the letter could lead to dismissal for failing to move the case forward; the order did not dismiss the case.
The detailed version
- Capital Art, Inc. v. Sit Down New York, Inc. · No. 1:19-cv-04454
- Ronnie Abrams
- Dec. 21, 2020
Background
On October 14, 2020, the case was referred to Magistrate Judge Netburn for a settlement conference. The opinion states that the parties had requested the referral but had not responded to repeated inquiries from Judge Netburn’s chambers about scheduling the conference.
The court also stated that Plaintiff’s counsel was preliminarily suspended from practicing law in the Southern District of New York on November 30, 2020.
Order
Judge Ronnie Abrams ordered Capital Art, Inc. to file a letter within 30 days of the order’s date. The letter must identify who represents Capital Art and explain the failure to participate in the settlement process before Judge Netburn.
The court warned that failure to file the letter may result in dismissal of the action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The opinion does not state that the case was dismissed; it sets a deadline and warns of a possible later dismissal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.