Aponte v. Gainor Temporaries, Inc.
- Vyskocil
- 1:22-cv-08345
- U.S. District Court · Southern District of New York
- 2
In Aponte v. Gainor, Judge Vyskocil discontinued the settled case, allowed restoration by June 17, 2023, and declined sanctions for now.
Namarie Aponte, Gainor Temporaries, Inc., and Norma Menkin; the order discontinued their case after settlement and declined sanctions at that time.
What happened
In Aponte v. Gainor Temporaries, Inc., the parties reached a settlement with help from a mediator. The court had also ordered them to explain why they should not be sanctioned for failing to follow an earlier order and the court’s rules.
The court discontinued the case without costs to any party and allowed either side to ask to restore it to the court’s calendar by June 17, 2023. If no one made that application by then, the dismissal would be with prejudice. The court also postponed all other dates and deadlines.
Judge Mary Kay Vyskocil declined to impose sanctions at that time, despite the plaintiff’s failure to respond on time. The court warned that sanctions could result from future failures to follow its orders and rules if the case was restored.
The detailed version
- Aponte v. Gainor Temporaries, Inc. · No. 1:22-cv-08345
- Vyskocil
- May 17, 2023
Background
The court was informed that Namarie Aponte and Gainor Temporaries, Inc. and Norma Menkin had reached a settlement the previous afternoon with the assistance of a mediator. The court had issued a May 16, 2023 order requiring the parties to explain why they should not be sanctioned for failing to comply with an earlier order and the court’s Individual Rules of Practice in Civil Cases. The defendants responded on time, but Aponte did not file a timely response.
Ruling
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s calendar if an application to restore was made by June 17, 2023. The order stated that if no such application was made by that date, the dismissal would be with prejudice. All other dates and deadlines, including the scheduled May 18, 2023 Post Discovery Conference, were adjourned indefinitely.
The court declined to impose sanctions at that time despite Aponte’s untimely response. It warned all counsel and Aponte personally that failures to comply with the court’s orders and rules could result in sanctions if the action was restored.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.