Bautisa v. TAP Air Portugal
- Rochon
- 1:24-cv-00503
- U.S. District Court · Southern District of New York
- 2
In Bautisa v. TAP Air Portugal, Judge Rochon adjourned the conference and ordered Bautisa to confirm he will continue the case.
Javier Bautisa, whose case was placed on hold pending his response, and TAP Air Portugal, which was directed to serve the order and file proof of service.
What happened
In Bautisa v. TAP Air Portugal, Javier Bautisa stopped pursuing the case after TAP Air Portugal moved it from New York state court to federal court. He did not attend a scheduled court conference on March 19, 2024.
The court had ordered Bautisa to confirm that he intended to continue the case and would attend a rescheduled conference. The court and TAP Air Portugal sent him copies of that order, but the court received no response.
Judge Jennifer L. Rochon adjourned the April 9 conference without setting a new date. The court ordered Bautisa to say by August 5, 2024, whether he would pursue the case and follow court orders, warning that it would dismiss the case for failure to prosecute if he did not respond.
The detailed version
- Bautisa v. TAP Air Portugal · No. 1:24-cv-00503
- Rochon
- Apr. 3, 2024
Background
Javier Bautisa sued TAP Air Portugal in New York state court. TAP Air Portugal removed the case to the Southern District of New York on January 24, 2024. The opinion states that Bautisa had not prosecuted the case since removal. It also states that he did not attend the initial pretrial conference scheduled for March 19, 2024. According to TAP Air Portugal, Bautisa also refused to confer with the defendant as the court had ordered.
Prior Order and Notice
In a March 19 order, the court rescheduled the initial pretrial conference for April 9, 2024. The court told Bautisa to notify it by April 2 if he intended to continue prosecuting the case and to confirm that he would attend the April 9 conference. The court warned that, if he did not confirm his continued prosecution by April 9, it might dismiss the action without prejudice for failure to prosecute.
The Clerk mailed Bautisa a copy of the March 19 order. TAP Air Portugal also filed an affidavit stating that it had mailed and emailed the order to him. The court stated that it had received no communications from Bautisa despite these efforts.
Order
The court ordered that the April 9 conference was adjourned without a date. It gave Bautisa until August 5, 2024, to inform the court whether he intended to prosecute the case and comply with court orders. The court stated that, if he failed to do so, it would dismiss the case for failure to prosecute, potentially with prejudice. This order did not itself dismiss the case. Judge Jennifer L. Rochon also directed the Clerk and TAP Air Portugal to send Bautisa copies of the order, and directed TAP Air Portugal to file proof of service.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.