Javier Ortiz v. Madrid Bakery LLC
- Gregory Woods
- 1:21-cv-09630
- U.S. District Court · Southern District of New York
- 2
In Ortiz v. Madrid Bakery LLC, Judge Woods adjourned the settlement-approval conference and required all parties to appear, with the LLC represented by a lawyer.
Francisco Javier Ortiz, Madrid Bakery LLC, and Aronulo Valera; Madrid Bakery LLC must appear through a licensed attorney, and all parties were directed to attend the rescheduled conference.
What happened
In Francisco Javier Ortiz v. Madrid Bakery LLC and Aronulo Valera, the court was preparing to hold a conference about the parties’ request for judicial approval of their settlement. The defendants had not appeared, and the proposed dismissal agreement was signed by a lawyer who had not formally appeared in the case.
The court declined to enter the proposed dismissal agreement because the lawyer who signed it had not appeared for the defendants. It also stated that Madrid Bakery LLC could appear in federal court only through a licensed lawyer. The court postponed the conference from October 25 to November 2, 2022, and directed all parties to attend.
Judge Gregory H. Woods also directed Ortiz to serve the order on the defendants and keep proof of service. The order addressed the conference, representation, and service; it did not decide the underlying claims or the settlement’s merits.
The detailed version
- Javier Ortiz v. Madrid Bakery LLC · No. 1:21-cv-09630
- Gregory Woods
- Oct. 23, 2022
Background
The court had scheduled an October 25, 2022 conference to discuss the parties’ application for judicial approval of their settlement. The defendants had not appeared in the case and might not have been served with the court’s October 20 scheduling order. Although the proposed stipulation of dismissal indicated that the defendants had counsel, that lawyer had not filed a formal notice of appearance.
Court’s Action
The court stated that it could not enter the proposed stipulation because it was signed by a lawyer who had not appeared on behalf of the defendants in this case. The court also stated that Madrid Bakery LLC could not appear without a lawyer and could participate in federal court only through a licensed attorney.
The court adjourned the October 25 conference to November 2, 2022, at 10:00 a.m. It directed all parties, including Madrid Bakery LLC and Aronulo Valera, to appear at the rescheduled conference. The court specified that Madrid Bakery LLC could appear only through counsel at the conference and in the case. Ortiz was directed to serve a copy of the order on the defendants and retain proof of service.
Effect of the Order
This was a procedural order about the settlement-approval conference, the defendants’ representation, and service of the order. The court did not rule on the underlying claims or decide whether to approve the proposed settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.