Guo v. A Canaan Sushi Inc.
| Jianshe Guo |
| A Canaan Sushi Inc., John Wang, John Doe and Jane Doe#1-10 |
| 1:2018cv04147 |
| May 9, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Jesse M. Furman |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
65
MEMORANDUM OPINION AND ORDER re: 63 MOTION for Reconsideration re; 62 Memorandum & Opinion filed by Jianshe Guo. On April 5, 2019, the Court dismissed this case for failure to prosecute. See Docket No. 62. On April 9, 2019, P laintiff's counsel filed a three-page motion for reconsideration, arguing in essence that Plaintiff should not be punished for counsel's own failures. See Docket No. 64. The Court DENIES the motion primarily for three reasons. The Cl erk of Court is directed to terminate Docket No. 63 and to mail a copy of this Memorandum Opinion and Order to Defendant Jia Zhuang Wang. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/10/2019) (ne) Transmission to Docket Assistant Clerk for processing.
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Filing
62
MEMORANDUM OPINION AND ORDER. In light of the foregoing, and to deter counsel from repeating their delinquent conduct in any other or future case, the Court concludes that counsel should be required to pay a small monetary sanction to the Court. Specifically, no later than May 3, 2019, John Troy, Aaron Schweitzer, and Hui Chen shall pay $2,000 to the Clerk of Court. The Court finds that this relatively modest sanction for which the three counsel shall be jointly and severally liable is sufficient but no greater than necessary to secure compliance with the Court's orders and deadlines in the future. See, e.g., Macolor, 2015 WL 337561, at *3; Weiss v. Weiss, 984 F. Supp. 682, 686 (S.D.N.Y. 1997) ("[S]anctions shoul d not be more severe than reasonably necessary to deter repetition of the conduct by the offending person...." (internal quotation marks omitted)). Further disregard of the Court's orders in this case and in other cases may result in additional, harsher sanctions, included but not limited to possible referral of counsel to the Court's Grievance Committee. For the reasons stated above, this case is DISMISSED for failure to prosecute and John Troy, Aaron Schweitzer, and Hui Chen are SANCTIONED for their delinquent conduct. To ensure that Plaintiff himself is aware of the foregoing, counsel shall serve a copy of this Memorandum Opinion and Order on Plaintiff by mail and file proof of such service by April 11, 2019. Finally, if either Troy Law or Hui Chen & Associates files a new lawsuit on Plaintiff's behalf, they shall mark the new lawsuit as related to this one to ensure that it is assigned to the undersigned. The Clerk of Court is directed to close the case and to mail a copy of this Memorandum Opinion and Order to Defendant Jia Zhuang Wang. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/5/19) (yv) Transmission to Docket Assistant Clerk for processing.
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