Smith v. Gutierres
- Ronnie Abrams
- 1:21-cv-06086
- U.S. District Court · Southern District of New York
- 1
In Smith v. Gutierres, Magistrate Judge Wang ordered an in-person discovery conference and cautioned that nonappearance could lead to dismissal.
The parties, including self-represented plaintiff Jason M. Smith and defense counsel.
What happened
In Smith v. Gutierres, the court ordered the parties to attend an in-person status conference on August 9, 2022, at the federal courthouse in New York. The parties must be prepared to discuss the status of discovery and what discovery remains outstanding.
The court cautioned Jason M. Smith, who is representing himself, that failing to appear could result in dismissal of his case for failure to prosecute. The order did not dismiss the case.
Magistrate Judge Ona T. Wang also directed defense counsel to send the order to Smith and file proof that it was sent.
The detailed version
- Smith v. Gutierres · No. 1:21-cv-06086
- Ronnie Abrams
- July 1, 2022
Order
Magistrate Judge Ona T. Wang directed the parties to appear for an in-person status conference on August 9, 2022, at 11:00 a.m. in Courtroom 20D at 500 Pearl Street, New York, New York. The parties were required to be prepared to meet and confer—that is, discuss with each other—the status of discovery, including what discovery remained outstanding.
Warning to Plaintiff
The order states that Jason M. Smith is representing himself. It cautions that if he fails to appear, his case may be dismissed for failure to prosecute, meaning failure to move the case forward or comply with court requirements. The order did not dismiss the case.
Service Requirement
Defense counsel was directed to send a copy of the order to Smith and file proof of service on the docket. The order cites courts' authority under Rule 41 to dismiss a case for failure to comply with court orders, but it does not impose such a dismissal here.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.