Collado v. Adolfo Meat Market Corp.
- Clarke
- 1:22-cv-09366
- U.S. District Court · Southern District of New York
- 2
In Collado v. Adolfo Meat Market Corp., Judge Clarke stayed the case as to Martinez but denied a stay for the corporation.
The stay applies to the action against Eucebio Adolfo Martinez. The request to stay the action against Adolfo Meat Market Corp. was denied, so the case was not stayed as to that corporation. The parties were also ordered to meet and confer about discovery.
What happened
In Collado v. Adolfo Meat Market Corp., the plaintiffs asked the court to require defendants to provide information and records they said were missing from discovery. They also asked to extend the fact-discovery deadline because defendants had not responded to their discovery concerns.
Defense counsel told the plaintiffs that individual defendant Eucebio Adolfo Martinez had filed for Chapter 7 bankruptcy and that defendants intended to seek a stay of the entire case. The plaintiffs opposed extending the stay to the corporate defendant, Adolfo Meat Market Corp.
Judge Jessica G. L. Clarke stayed the action as to Martinez but denied the request to stay the action as to Adolfo Meat Market Corp. The parties were ordered to meet and discuss the discovery issues and submit a joint letter by January 19, 2024.
The detailed version
- Collado v. Adolfo Meat Market Corp. · No. 1:22-cv-09366
- Clarke
- Jan. 16, 2024
Background
The plaintiffs asked the court to compel defendants to produce information and records identified in a November 26, 2023 deficiency letter. They also asked to extend the January 15, 2024 fact-discovery deadline until 30 days after defendants responded to that letter. The plaintiffs stated that defendants had not responded to the letter or completed the requested meet-and-confer process.
Defense counsel informed the plaintiffs that individual defendant Eucebio Adolfo Martinez had filed for Chapter 7 bankruptcy and that defendants intended to seek a stay of the entire action. The plaintiffs argued that the bankruptcy-related automatic stay should not extend to the non-bankrupt corporate defendant, Adolfo Meat Market Corp.
Ruling
The court ordered that the action is stayed with respect to Eucebio Adolfo Martinez. The request to stay the action with respect to Adolfo Meat Market Corp. was denied. The court also ordered the parties to meet and confer about the alleged discovery deficiencies and submit a letter complying with the court's Individual Rule 4(k) by January 19, 2024.
The court stated that, if counsel intended to withdraw from representing Adolfo Meat Market Corp., counsel had to file a motion to withdraw under Local Rule 1.4 by January 26, 2024. The court reminded the corporation that it must be represented by an attorney and may not proceed without a lawyer. The Clerk of Court was directed to terminate ECF Nos. 71 and 73.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.