Dalmau v. 1084 NY Ave LLC

Discovery dispute

The plaintiff submitted a letter asking for an informal court conference concerning a discovery dispute. The court’s individual rules required a party to first confer in good faith with the opposing party, in person or by telephone. If the dispute remained unresolved, the party could submit a joint letter of no more than four pages describing the dispute, stating each party’s position, and requesting an informal conference.

Plaintiff’s counsel represented that he had been unable to contact defense counsel and therefore filed the letter. The court denied the plaintiff’s request for an informal conference. It directed the defendant to meet and confer with the plaintiff about the request by February 3, 2022. The plaintiff could refile the letter concerning the discovery dispute if it was unable to meet and confer with the defendant by that date.

Scheduling orders

The court extended the fact-discovery deadline from January 31, 2022, to March 14, 2022. It also adjourned the status conference scheduled for February 8, 2022, to March 29, 2022, at 10:00 a.m. The rescheduled conference was to be held by telephone.

Proposed settlement

The court ordered the plaintiff and Liberty Place Property Management LLC to submit a joint letter by February 3, 2022, explaining why their proposed settlement reflected a fair and reasonable compromise of disputed issues rather than a waiver of statutory rights caused by an employer’s overreaching. The parties were directed to address five factors: the plaintiff’s possible recovery; the burdens and expenses the settlement would avoid; the seriousness of the litigation risks; whether experienced counsel negotiated at arm’s length; and the possibility of fraud or collusion.

The joint letter also had to address whether there was a genuine dispute about the number of hours worked or the amount of compensation due, and how much of the settlement the plaintiff’s attorney would seek as fees. The court stated that, absent special circumstances, it would not approve a settlement filed under seal or in redacted form. The parties were also directed to include a copy of the settlement agreement.

Disposition and warning

Judge Mary Kay Vyskocil denied the request for an informal discovery conference, issued the scheduling changes and settlement-submission requirements, and warned that failure to comply could result in sanctions, including preclusion at trial of information not provided or dismissal of claims or defenses.