Vicinanza v. Horizon Window Treatments, Inc.
- Vyskocil
- 1:22-cv-00657
- U.S. District Court · Southern District of New York
- 2
In Vicinanza v. Horizon Window Treatments, Judge Vyskocil ordered counsel to file settlement information and warned of dismissal and sanctions for further delay.
Counsel for both parties were ordered to file the required settlement letter and faced possible sanctions and monetary penalties; the parties’ action was subject to dismissal for failure to prosecute if the deadline was missed.
What happened
In Vicinanza v. Horizon Window Treatments, the court had ordered the parties to submit information needed to evaluate whether their settlement was fair and reasonable. The parties requested and received a two-week extension, but they did not file the required joint letter.
The court then ordered the parties to explain why their lawyers should not be sanctioned. The parties apologized for the delay and said they intended to file a motion seeking approval of the settlement quickly.
Judge Mary Kay Vyskocil gave counsel until April 26, 2023, to file the joint letter and explain the repeated delays. She warned that failure to meet that deadline would result in dismissal of the action for failure to prosecute and that counsel could be sanctioned and face monetary penalties.
The detailed version
- Vicinanza v. Horizon Window Treatments, Inc. · No. 1:22-cv-00657
- Vyskocil
- Apr. 21, 2023
Background
On February 24, 2023, the Court directed the parties to file a joint letter containing enough information for the Court to evaluate whether their settlement was fair and reasonable. The deadline was March 24, 2023. On that date, the parties jointly requested a two-week extension, which the Court approved.
The extended deadline passed without the required letter. On April 11, 2023, the Court issued an order to show cause, directing both parties to explain why counsel should not be sanctioned for failing to comply with the Court’s orders. On April 17, 2023, the parties submitted a letter apologizing for the delay and stating that they intended to promptly file a motion for settlement approval.
Ruling
The Court ordered counsel for both parties to file the joint letter by April 26, 2023. The letter also had to explain why the parties had repeatedly failed to submit it on time. The Court warned that if the letter was not filed by that date, the action would be dismissed for failure to prosecute. The Court further warned that counsel for both sides would be sanctioned and could face monetary penalties if they again failed to file the letter. The opinion does not state that the case was dismissed or that sanctions were actually imposed in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.