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Labor: Fair Standards | New York Eastern
Order on Motion to Compel Order on Motion for Extension of Time to File
ORDER granting 71 Motion to Compel; granting 72 Motion for Extension of Time to File: Upon review of the parties' correspondence, the Court grants Plaintiff's motion to once again compel mediation and sanctions Defendants for failure to engage in mediation in good faith and in accord with the mediator's appropriate requests. There is no question that Plaintiff properly prepared for mediation and expended resources to prepare to engage. Defendants were not free to ignore the mediator's proper and limited requests for information and to simply respond that they "prefer to litigate." This was not an option. When the Court ordered the parties to engage in mediation, that order necessarily and obviously included the requirement that the parties mediate in good faith and comply with the instructions of the mediator. Under the circumstances presented here, the Court hereby: (1) grants Plaintiff's motion to compel, and (2) imposes sanctions under Rule 16(f), including an order directing Defendants to bear the mediator's fees and to pay Plaintiff's reasonable attorney's fees and costs incurred by reason of Defendants' non-compliance. The Court finds $1,500.00 to be a reasonable sanction for such fees and costs under the facts presented here. Defendants shall make payment within two (2) weeks of the date of this Order. Defendants are cautioned that failure to participate in mediation in good faith may result in the imposition of further sanctions. The date by which mediation shall be completed is extended to September 11, 2026. So Ordered by Magistrate Judge Anne Y. Shields on 6/11/2026. (DM)
Reply in Support
REPLY in Support Of Plaintiff's Motion To Compel filed by Sergio Lopez. (Langeland, Erik)
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