Dubose v. Jiminez
- Vincent Briccetti
- 7:22-cv-02124
- U.S. District Court · Southern District of New York
- 2
In Dubose v. Jiminez, Judge Briccetti rescheduled a conference after both sides missed it and warned plaintiff about possible dismissal.
Tyrek Dubose, defense counsel, and the defendants in the case; the order directly imposed new conference and notice requirements on the parties.
What happened
In Dubose v. Jiminez, Tyrek Dubose and defense counsel were ordered to attend an April 2, 2024, case-management conference. Dubose was representing himself and had received notice of the conference.
Neither Dubose nor defense counsel appeared, and neither provided an explanation before the conference was rescheduled. The court set a new in-person conference for April 23, 2024, and required written requests for any postponement by April 16.
Judge Briccetti warned that Dubose’s failure to attend the new conference could be treated as abandoning the case and could lead to dismissal for failing to pursue the case and follow court orders. The judge also denied permission to appeal without paying fees.
The detailed version
- Dubose v. Jiminez · No. 7:22-cv-02124
- Vincent Briccetti
- Apr. 2, 2024
Background
The court held an initial conference on September 28, 2023. Defense counsel and Tyrek Dubose, who was proceeding without a lawyer and without paying filing fees, appeared. The court then ordered the parties to attend another case-management conference on April 2, 2024, at 9:30 a.m. The date was included in the Civil Case Discovery Plan and Scheduling Order, which was given to Dubose and posted on the court’s electronic filing system.
Missed conference
The court, a court reporter, and court staff were present at the scheduled time on April 2. Neither Dubose nor defense counsel appeared, and neither provided an excuse or explanation. Court staff tried to reach both parties by telephone but received no response. At about 10:05 a.m., the court was informed that defense counsel, Mr. Feliu, was out of the country. The court criticized defense counsel for failing to meet his professional obligations but stated that the failure did not prejudice Dubose because Dubose also failed to appear.
Order
The court ordered a new case-management conference for April 23, 2024, at 9:30 a.m. The conference was to be held in person in Courtroom 620 at the White Plains courthouse. Any party or defense counsel unable to attend had to submit a written request for an adjournment by April 16, 2024.
The court warned Dubose that failing to follow the order and failing to attend the April 23 conference could be treated as abandoning the case and could result in dismissal for failure to prosecute and comply with court orders under Federal Rule of Civil Procedure 41(b). The court also reminded Dubose to notify it in writing of any address change.
The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without paying fees. The order did not decide the underlying claims or defenses.
Disposition
The court rescheduled the case-management conference and issued attendance and notice requirements. It did not dismiss the action. It denied fee-free status for purposes of an appeal from this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.