Rodriguez v. New Generation Hardware Store Corp.
- Lewis Liman
- 1:22-cv-04422
- U.S. District Court · Southern District of New York
- 2
In Rodriguez v. New Generation Hardware Store Corp., Judge Liman scheduled a hearing on whether Kevin Reyes should be arrested to enforce a court directive.
Pablo Ramon Rodriguez and Kevin Reyes, particularly Reyes because he was ordered to attend a hearing concerning possible arrest and incarceration to secure compliance with a court directive.
What happened
In Rodriguez v. New Generation Hardware Store Corp., Pablo Ramon Rodriguez renewed his request to have defendant Kevin Reyes arrested because Reyes continued not to comply with a court directive to respond to Rodriguez’s information subpoena.
The court scheduled a May 28, 2024 hearing to decide whether arrest and incarceration were necessary to secure Reyes’s compliance. Reyes was ordered to attend, and the court said it could decide the issue even if he did not appear.
Judge Liman also stated that a lawyer would be provided at no cost if Reyes appeared without counsel, and ordered Rodriguez to serve Reyes with the order. The order scheduled the hearing; it did not itself order Reyes’s arrest.
The detailed version
- Rodriguez v. New Generation Hardware Store Corp. · No. 1:22-cv-04422
- Lewis Liman
- May 13, 2024
Background
Plaintiff Pablo Ramon Rodriguez filed a renewed motion seeking the arrest of defendant Kevin Reyes. The motion was based on Reyes’s continued failure to comply with the court’s directive to respond to Rodriguez’s information subpoena. The opinion refers to the court’s January 22, 2024 order but does not provide its full terms.
What the Court Ordered
The court scheduled a hearing for May 28, 2024, at 10:00 a.m. to determine whether Reyes needed to be arrested and incarcerated to secure his compliance with the court’s directive. The hearing was set for Courtroom 15C at 500 Pearl Street, New York, New York, and Reyes was ordered to attend.
The court warned that if it determined at the hearing that Reyes’s continued violation justified arrest, it would order his arrest and incarceration for as long as necessary to secure compliance. The court also stated that it would make that determination if Reyes failed to appear. If Reyes appeared without a lawyer, the court said counsel would be provided at no cost to him to defend against the arrest request.
Service Requirement and Disposition
Rodriguez was ordered to serve the order on Reyes by one-day Federal Express delivery with return receipt and by first-class mail with return receipt by May 15, 2024. Rodriguez also had to file proof of service on the docket.
Judge Lewis J. Liman did not grant or deny the requested arrest in this order. Instead, the court scheduled a hearing to decide whether arrest and incarceration were necessary.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.