Try our Advanced Search for more refined results
Searching dockets in Milenkovic Law Group x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
Labor: Fair Standards | New York Eastern
Letter
Letter Submitted Jointly by the Parties in Compliance with the Order Dated 07/09/2026 by Joginder Singh (Kataev, Emanuel)
Order on Motion to Adjourn Conference
ORDER granting in part and denying in part the motion at ECF No. 74 .
The Court is in receipt of the letters at ECF Nos. 74 and 75 . Plaintiff's counsel's letter is an attempt to avoid responsibility for his failure to comply with the Court's Orders and the discovery obligations in this case. His arguments in the letter at ECF No. 74 border on the frivolous. Plaintiff's counsel is on notice that failure to participate in discovery and to comply with the Court's orders may result in award of sanctions, including but not limited to an award of fees and/or evidentiary limitations in motion practice or trial. Plaintiff's counsel attended and participated in the July 9th conference. The Court heard and rejected almost all of Plaintiff's counsel's excuses for having failed to produce the outstanding discovery. During the conference, the Court made several on-the-record decisions with regard to Plaintiff having to immediately produce withheld materials. Plaintiff and Plaintiff's counsel were expected to comply timely with the Orders issued during the conference, yet they appear to have failed to do so. ECF Nos. 72 - 75 . In addition, Plaintiff continues to raise the argument that Defendants' counsel failed to serve the discovery requests in a manner satisfactory to Plaintiff's counsel; the Court has already rejected that argument and Plaintiff did not appeal the Orders following that rejection. There is no merit to Plaintiff's counsel's position that Defendant should provide Plaintiff's counsel with the July 9th transcript before the Court's Orders became effective. To the extent that Plaintiff's counsel wishes to have a transcript of the July 9th conference, Plaintiff's counsel is free to order a copy of the transcript at his expense; instructions for requesting a transcript are available on the Court's website. There is also no merit to Plaintiff's counsel's position that he is not in possession of the blank authorization forms that Defendants have requested, as Plaintiff's counsel acknowledges their receipt in the letter at ECF No. 74 at 1. Defendants' counsel also states that she has twice provided the forms again. ECF No. 75 .
Plaintiff is ordered to execute the authorizations/releases expeditiously and return the original executed forms to Defendants' counsel by overnight mail or hand delivery for delivery receipt on 9/4/2026. By the same delivery, Plaintiff's counsel is also to produce all of the outstanding discovery materials ordered produced during the July 9th conference. If Defendants' counsel does not receive these materials as directed, Defendants' counsel is to submit on the docket a request for a conference to be scheduled. Upon receipt of the executed authorizations/releases, Defendants' counsel is to submit them expeditiously.
In response to the letters at ECF Nos. 72 and [73,] on 8/24/2026, the Court scheduled an in-person conference for 9/2/2026. ECF Order 8/24/2026. Yet, Plaintiff's counsel waited until today, 8/31/2026, to inform the Court and Defendants' counsel that he has a Court-annexed mediation in a separate case on the same day, 9/2/2026. Plaintiff's counsel does not apologize or explain his week-long delay in notifying the Court and Defendants' counsel of the scheduling conflict. The Court will adjourn the 9/2/2026 conference sine die so that Plaintiff's counsel can attend the Court-annexed mediation in the Lewis case. If Plaintiff's counsel fails to comply with the above-stated Order to produce discovery, including but not limited to the executed authorizations/releases, the Court may schedule another conference, ... (truncated)
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login
Email (NOTE: Free email domains not supported)
First Name
Last Name
Job Title
PLEASE NOTE: A verification email will be sent to your address before you can access your trial.
Password (at least 8 characters required)
Confirm Password
Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Please see our Privacy Policy.