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Labor: Fair Standards | New York Eastern
Initial Conference Hearing ~Util - Terminate Civil Case
Minute Entry for Initial Status Conference and Order Dismissing Case. No appearance by plaintiffs. This is plaintiff's counsel's third failure to appear in this case and he has previously been warned that if he did that, the case would be dismissed, as he has ignored repeated monetary sanctions imposed for his prior failures to appear. The Court has considered the factors identified in LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001), and dismisses this case for failure to prosecute under Fed. R. Civ. P. 41(b) as well as failure to comply with Court Orders under Rule 16(f). See, e.g., Qi v. Yang, No. 26-cv-251, 2026 WL 1078387, at *2 (S.D.N.Y. Apr. 21, 2026) (dismissing case where plaintiff, inter alia, "failed to either appear at the initial status conference or respond to the Court's... order[s]" and "was on notice that his failure to comply will result in dismissal"). No other sanction will suffice because counsel simply ignores monetary sanctions. (PW)
Initial Conference Hearing ~Util - Set Hearings
Minute Entry for Initial Status Conference and Order Imposing Sanctions. No appearance by plaintiffs. Plaintiffs' attorney is sanctioned $500 under Federal Rule of Civil Procedure 16(f) for his second failure to appear at the conference, and for his failure to pay the first sanction imposed, payable to the Clerk of the Court within 7 days with proof of payment filed on the docket. This sanction includes the first sanction imposed which he has failed to pay. Initial Status Conference is reset to 7/7/2026 at 12:30 pm. The parties are directed to call 571-353-2301 and enter Meeting ID 949146687#. PLAINTIFFS' COUNSEL IS HEREBY NOTIFIED THAT IF HE FAILS TO APPEAR AT THIS NEXT SCHEDULED CONFERENCE OR FAILS TO PAY THE $500 SANCTION, THE COURT WILL HAVE NO CHOICE BUT TO DISMISS THIS CASE. (PW)
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