Schottenstein v. American Society for the Prevention of Cruelty to Animals
Schottenstein v. American Society for the Prevention of Cruelty to Animals (ASPCA)
- Alison Nathan
- 1:20-cv-09961
- U.S. District Court · Southern District of New York
- 2
In Schottenstein v. American Society for the Prevention of Cruelty to Animals, Judge Nathan postponed the initial pretrial conference.
The plaintiff and defendants were ordered to submit the required joint letter and proposed case management plan by March 5, 2021, and to address whether a telephone conference was necessary.
What happened
In Schottenstein v. American Society for the Prevention of Cruelty to Animals, the court had not received the parties’ required joint letter and proposed case management plan before the scheduled initial pretrial conference.
The court moved the conference from March 5, 2021, to March 12, 2021, at 3:00 p.m. It ordered the parties to submit the required materials by March 5 and said they should state whether a conference was unnecessary.
Judge Alison J. Nathan warned that failing to follow the order could lead to dismissal for failure to prosecute. The order did not dismiss the case.
The detailed version
- Schottenstein v. American Society for the Prevention of Cruelty to Animals · No. 1:20-cv-09961
- Alison Nathan
- Mar. 3, 2021
Background
The court’s notice of the initial pretrial conference required the parties to submit a joint letter and proposed case management plan at least seven days before the conference. As of March 3, 2021, the court had not received those materials. The order states that this was the second time the initial pretrial conference had been adjourned because the required materials had not been submitted.
Order
The court adjourned the initial pretrial conference from March 5, 2021, to March 12, 2021, at 3:00 p.m. It ordered the parties to submit the materials by March 5. The parties were also directed to say in their joint letter whether they could proceed without a conference. If they could, the court might enter a case management plan and scheduling order without requiring an appearance; otherwise, the court would hold the conference by telephone.
Warning and disposition
Judge Alison J. Nathan warned that failure to comply with the order could result in dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b). The order adjourned the conference and imposed a submission deadline; it did not dismiss the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.