Prometo Produce Corp. v. Produce Depot USA LLC
- Paul Gardephe
- 1:21-cv-06131
- U.S. District Court · Southern District of New York
- 3
Prometo Produce v. Produce Depot USA; Judge Parker ordered Luis Ruelas to pay plaintiff’s counsel for 1.5 hours after missing a settlement conference.
Defendant Luis Ruelas was ordered to pay Plaintiff’s counsel for 1.5 hours of attorney time because he failed to attend the court-ordered settlement conference.
What happened
In Prometo Produce Corp. v. Produce Depot USA LLC, the court had ordered the parties to attend a settlement conference and required corporate parties to send someone with authority to settle. The action had been referred to the court for settlement.
Defendant Luis Ruelas did not attend the scheduled conference and did not notify the court that he would be absent. The conference lasted about 1.5 hours, and his absence prevented the possibility of trying to resolve the case then.
Judge Katharine H. Parker ordered Ruelas to pay plaintiff’s counsel for 1.5 hours of attorney time. Plaintiff’s counsel had to file an affidavit stating the billing rate and other relevant information.
The detailed version
- Prometo Produce Corp. v. Produce Depot USA LLC · No. 1:21-cv-06131
- Paul Gardephe
- Feb. 16, 2022
Background
The action was referred to the court for settlement by Judge Paul G. Gardephe. After a pre-settlement conference, the court scheduled a telephonic settlement conference for February 14, 2022. The court ordered the parties to attend and instructed corporate parties to send a person with authority to settle. It also required the parties to complete a settlement-conference summary report and make pre-conference submissions.
Defendant Luis Ruelas failed to appear at the scheduled settlement conference and did not notify the court or seek permission to be excused. The conference lasted approximately 1.5 hours.
Legal standard
The court explained that it could not require parties to settle their dispute, but it could require them to attend a settlement conference. Under Rule 16(f) of the Federal Rules of Civil Procedure, the court could impose sanctions for failing to attend a court-ordered conference. The court also stated that a magistrate judge may issue sanctions when the matter has been properly referred to that judge.
Ruling
The court found that monetary sanctions were appropriate because Ruelas’s absence thwarted the possibility of resolving the action at the conference. It ordered Ruelas to pay plaintiff’s counsel, Jeffery Chebot, reasonable attorney’s fees for 1.5 hours of attendance at the scheduled conference. The court directed plaintiff’s counsel to file an affidavit stating his billing rate and other relevant information by February 25, 2022.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.