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Bouveng v. NYG Capital LLC

Only Court Can Decide to Adjourn Settlement Conference; Lawyer Fined, Sanctioned $6,250

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OPINION AND ORDER

*1  This opinion addresses the failure of plaintiff’s counsel, Benedict P. Morelli, Esq., to attend a settlement conference before the Court on November 13, 2017 in violation of two court orders. In response to the Court’s order to show cause why he should not be sanctioned for this conduct, plaintiff’s counsel has responded by stating that he did not intend to disrespect the Court’s authority by his non-appearance but believed it was in his client’s best interests not to attend given certain actions taken by defendants’ counsel shortly before the settlement conference. However, it is for the Court and the Court alone to determine whether to adjourn a settlement conference. A party may not unilaterally cancel a court-ordered settlement conference. Accordingly, the Court concludes that sanctions against plaintiff’s counsel are appropriate, and, for the reasons discussed below, he is directed to pay $6,250 to counsel for defendants and $1,000 to the Clerk of the Court. I.The following chronology of events is recited in order to provide context for the Court’s decision to sanction plaintiff’s counsel.

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