Opinion
21-CV-480 (VEC)
03-28-2022
GLEN CARWELL, Plaintiff, v. CITY OF NEW YORK, CARLOS LOZADA, and JOHN OR JANE DOE 1-10, Defendants.
ORDER
VALERIE CAPRONI, UNITED STATES DISTRICT JUDGE:
WHEREAS on March 4, 2022, Plaintiff's counsel agreed to pay Defendants' costs incurred in arranging to take Plaintiff's deposition on January 18, 2022, after which Defendants were required to certify via ECF that they have received payment, see Dkt. 37; and
WHEREAS on March 14, 2022, when Defendants had not yet certified payment by Plaintiff's counsel, the Court ordered Plaintiff's counsel by March 25, 2022, either to reimburse Defendants for the costs of the aborted deposition or to show cause why the Court should not order him to do so pursuant to 28 U.S.C. § 1927, see Dkt. 38;
WHEREAS to date, Defendants have not certified payment by Plaintiff's counsel; and
WHEREAS to date, Plaintiff's counsel have not responded to the Court's March 14, 2022 Order to Show Cause;
IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. § 1927, Plaintiff's counsel must reimburse Defendants for the costs of the aborted deposition by April 1, 2022, and Defendants must certify as much by April 4, 2022;
IT IS FURTHER ORDERED that Samuel DePaolo and Sameer Nath must each show cause, not later than April 1, 2022, why he should not be personally sanctioned for failing to pay Defendants' costs as agreed and for failing to respond to the Court's March 14, 2022 Order. If Plaintiff's counsel fails to reimburse Defendants by April 1, 2022, the Court will sanction the firm $1,000 for failure to comply with Court orders and will consider whether further disciplinary steps are necessary or appropriate against the firm or against Messrs. DePaolo and Nath.
SO ORDERED.