Guerin v. PSXDanielle LLC
- Andrew Carter
- 1:20-cv-04547
- U.S. District Court · Southern District of New York
- 2
In Guerin v. PSXDanielle LLC, Judge Lehrburger denied Guerin’s request to postpone the conference, which will proceed.
Plaintiff Charles Guerin and Defendant PSXDanielle LLC are affected because the conference will proceed rather than being postponed. Michelle Priano may participate even though she is not a named defendant.
What happened
In Guerin v. PSXDanielle LLC, Plaintiff Charles Guerin asked the court to postpone a January 21, 2021 conference because Defendant PSXDanielle LLC remained in default.
Guerin’s lawyer said PSXDanielle had not appeared through counsel, could not be reached, and might face a motion for default judgment within 30 days. The request also noted that an earlier postponement request had been granted.
Judge Robert W. Lehrburger denied the request and ordered that the conference go forward. He stated that Michelle Priano, although not a named defendant, may participate. The clerk was directed to mail PSXDanielle LLC a copy of the order.
The detailed version
- Guerin v. PSXDanielle LLC · No. 1:20-cv-04547
- Andrew Carter
- Jan. 19, 2021
Background
Plaintiff Charles Guerin, through counsel, asked the court to adjourn indefinitely a conference scheduled for January 21, 2021. The request stated that Defendant PSXDanielle LLC remained in default and had not filed a notice of appearance through a lawyer.
Request and reasons
Guerin’s counsel stated that they had been unable to reach PSXDanielle LLC and therefore did not know whether it consented to the request. Counsel also stated that Guerin intended to move for default judgment within 30 days because the defendant had not appeared through licensed counsel. The letter noted that an earlier request to postpone the conference had been granted and that no other dates would be affected.
Ruling
Judge Robert W. Lehrburger denied the request. The conference would go forward. The court also stated that Michelle Priano, although not a named defendant, may participate. The clerk was directed to mail a copy of the memo endorsement to PSXDanielle LLC at the address listed in the order and note service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.