Castro v. Outdoorsmans Resale, Inc.

Background

Felix Castro brought this Americans with Disabilities Act case against Outdoorsmans Resale, Inc. The opinion focused not on the underlying accessibility claims, but on the conduct of Castro’s lawyer, Noor Abou-Saab, whom the opinion also refers to as “Mr. Saab.”

The court described repeated failures to comply with deadlines and orders in this case. These included failing to submit required materials before two pretrial conferences, failing to provide potential dates for a court-ordered mediation, failing to respond to an order to show cause about sanctions, failing to coordinate with opposing counsel on a required joint filing, and failing to conduct discovery or coordinate Castro’s deposition. After receiving repeated reminders and extensions, Mr. Abou-Saab filed a notice of voluntary dismissal on January 19, 2024. The court approved the voluntary dismissal but required counsel to attend the previously scheduled conference because it retained authority to address sanctions.

At the conference, Mr. Abou-Saab acknowledged repeatedly failing to follow court orders. He attributed the failures to health problems, including long COVID and complications following COVID-19. The court found his explanations inadequate. The opinion also discussed his large caseload and the fact that he had continued filing cases after claiming that his health prevented him from complying with the demands of this case.

Sanctions and Other Rulings

The court had ordered Mr. Abou-Saab to pay $5,000 to the Clerk of Court for wasting court time and resources and repeatedly requiring the court to pursue his compliance. The court also ordered opposing lawyer David Stein to pay $1,000 because he had repeatedly violated court orders, although the court found him comparatively less responsible. Both lawyers paid the sanctions described in the opinion.

The court declined to impose additional sanctions based on questions about Mr. Abou-Saab’s arrangement with Castro, including whether counsel had authority to dismiss cases without prior approval and whether counsel’s interests might be affecting litigation decisions. The court said the record on those issues was incomplete and that the order to show cause had not given Mr. Abou-Saab notice that sanctions could be based on that relationship.

The court did impose an additional sanction based on the repeated and serious violations of court orders. It required Mr. Abou-Saab, within six months, to complete at least two hours of continuing legal education on law-office management. The education had to be approved by state continuing-education authorities and could not count toward his ordinary bar-education requirements. He also had to file an affidavit and attendance certificates by August 16, 2024; the court stated that failure to comply would result in additional sanctions.

Referral and Required Service

The court formally referred the matter to the Chief Judge for referral to the Court’s Committee on Grievances. It stated that the lawyer’s record across hundreds of cases suggested possible violations of various New York professional-conduct rules and that the grievance committee, rather than the court in this individual case, could investigate his broader conduct and attorney-client relationships.

Finally, the court ordered Mr. Abou-Saab to serve Felix Castro with a copy of the opinion by February 21, 2024, and file proof of service. The opinion did not decide the merits of Castro’s claims against Outdoorsmans Resale, Inc.; it addressed the voluntary dismissal and sanctions related to counsel’s conduct.