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S.D.N.Y.Procedural orderFiled June 2, 2021

Rivas v. Frank Brusco Maintenance, LLC

Judge
Sarah Netburn
Docket
1:20-cv-08135
Court
U.S. District Court · Southern District of New York
Pages
3
Civil Procedure
In one sentence

In Rivas v. Frank Brusco Maintenance, LLC, Judge Woods denied Plaintiff’s request to avoid an in-person conference and ordered the conference to proceed.

Who this affects

The plaintiff, the defendants, their attorneys, and other conference attendees were affected by the attendance ruling and courthouse-entry requirements.

What happened

In Rivas v. Frank Brusco Maintenance, LLC, the court scheduled a June 7, 2021 conference about Michael K. Chong, LLC’s motion to withdraw as counsel for the defendants.

The plaintiff asked to be excused from attending the conference or to attend by telephone. The court denied that request and expected the plaintiff’s counsel, the remaining parties, and their attorneys to appear in person.

Judge Gregory H. Woods also directed attendees to follow courthouse health protocols and ordered the Clerk to terminate the plaintiff’s pending request.

The detailed version

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

Case
Rivas v. Frank Brusco Maintenance, LLC · No. 1:20-cv-08135
Judge
Sarah Netburn
Date
June 2, 2021

Background

The court scheduled a June 7, 2021 conference concerning Michael K. Chong, LLC’s May 25, 2021 motion to withdraw as counsel of record for the defendants. The conference was set to take place in Courtroom 12C of the Southern District of New York courthouse.

Plaintiff’s Request

The plaintiff asked to be excused from attending the conference or to receive permission to attend by telephone. The opinion does not explain the reasons for that request.

Ruling

Judge Gregory H. Woods denied the request. The court expected the plaintiff’s counsel, the remaining parties, and their attorneys to appear in person on June 7, 2021. The court also described courthouse health procedures related to the coronavirus pandemic, including completion of a questionnaire and temperature screening. The Clerk of Court was directed to terminate the motion at Docket No. 29.

Disposition

The plaintiff’s request was denied. The opinion did not decide the defendants’ motion to withdraw as counsel; it scheduled a conference concerning that motion.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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