El Bey v. Cubesmart Self Storage
- Gregory Woods
- 1:20-cv-00521
- U.S. District Court · Southern District of New York
- 2
In El Bey v. CubeSmart Self Storage, Judge Woods rescheduled a missed status conference and warned that continued noncompliance could lead to dismissal.
The plaintiff, Prinyah Godiah Nmiaa Paynes El Bey, was ordered to attend the rescheduled status conference and warned that continued noncompliance could lead to dismissal. The case was not dismissed by this order.
What happened
In El Bey v. CubeSmart Self Storage, the plaintiff did not attend a status conference scheduled for June 8, 2021, even though the conference had been scheduled at her request. The court, defense counsel, and the court reporter waited for her before the court adjourned the conference.
The court scheduled another status conference for June 22, 2021, at 10:00 a.m. in Courtroom 12C at the Southern District of New York. The court said the scheduling order had been mailed to the plaintiff’s address listed on the docket and that it had no information showing she had not received it.
Judge Gregory H. Woods warned that continued failure to follow court orders could lead to dismissal under Federal Rule of Civil Procedure 41(b), which permits dismissal for failure to prosecute or comply with a court order. The court did not dismiss the case in this order and directed the clerk to send the order to the plaintiff by first-class and certified mail.
The detailed version
- El Bey v. Cubesmart Self Storage · No. 1:20-cv-00521
- Gregory Woods
- June 8, 2021
Background
The court had scheduled a status conference for June 8, 2021. The plaintiff did not appear, although the conference had been scheduled at her request. The court, defense counsel, and the court reporter appeared in person and waited for her before the court adjourned the conference.
Order
The court scheduled a new status conference for June 22, 2021, at 10:00 a.m. in Courtroom 12C of the Southern District of New York. The court stated that the clerk had mailed the order scheduling the June 8 conference to the plaintiff’s address listed on the docket and that the court had received no information indicating that she had not received it.
Warning and Disposition
Judge Gregory H. Woods reminded the plaintiff that she must comply with the court’s orders. The court warned that if she continued to fail to comply, it expected to dismiss the case under Federal Rule of Civil Procedure 41(b). That rule permits dismissal when a plaintiff fails to prosecute a case or comply with the rules or a court order. The order did not dismiss the case. It directed the clerk to send a copy of the order to the plaintiff by first-class and certified mail.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.