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.
Plaintiff Prinyah Godiah Nmiaa Paynes El Bey, and the defendants Cubesmart Self Storage, Cubesmart Store 0558, and Cubesmart Corp.
What happened
In El Bey v. Cubesmart Self Storage, the court held a scheduled status conference on June 22, 2021, but Plaintiff Prinyah Godiah Nmiaa Paynes El Bey did not appear. The court, defense counsel, and the court reporter waited before the court ended the conference.
The court scheduled another status conference for July 6, 2021, at 10:00 a.m. It said either party could request by letter that the conference take place by phone. The court also noted that the missed conference had been scheduled at El Bey’s request and that the scheduling order had been mailed to her docket address.
Judge Gregory H. Woods warned that if El Bey continued not to follow the court’s orders, the court expected to dismiss the case under Federal Rule of Civil Procedure 41(b), which allows dismissal for failure to prosecute. The order did not dismiss the case; it directed the Clerk of Court to send El Bey a copy of the order by first-class and certified mail.
The detailed version
- El Bey v. Cubesmart Self Storage · No. 1:20-cv-00521
- Gregory Woods
- June 22, 2021
Background
The court had scheduled a status conference for June 22, 2021. On that date, the court, defense counsel, and the court reporter appeared in person and waited for Plaintiff Prinyah Godiah Nmiaa Paynes El Bey. El Bey did not appear, so the court adjourned the conference. The order states that the conference had been scheduled at El Bey’s request.
Court’s Order
The court scheduled a new status conference for July 6, 2021, at 10:00 a.m. The conference was set to take place in Courtroom 12C at the Daniel Patrick Moynihan U.S. Courthouse in New York. Either party could ask for a telephone conference by sending the court a letter by June 29, 2021.
The court reminded El Bey that she must follow its orders. It stated that the Clerk had mailed the order scheduling the June 22 conference to her address listed on the docket and that the court had received no information indicating she had not received it.
Warning About Possible Dismissal
The court warned that if El Bey continued not to comply with its orders, it expected to dismiss the case under Federal Rule of Civil Procedure 41(b) for failure to prosecute, meaning failure to move the case forward. The court did not dismiss the case in this order. It directed the Clerk of Court to send El Bey a copy of the order by first-class and certified mail.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.