Opinion
1:19-cv-0972-LAP
05-02-2022
STEVE HESSE and ADAM BUXBAUM, on behalf of themselves and all others similarly situated, Plaintiffs, v. GODIVA CHOCOLATIER, INC., Defendant.
ORDER
LORETTA A. PRESKA, SENIOR UNITED STATES DISTRICT JUDGE
The Court is in receipt of the enclosed undocketed letter from Objector Shiyang Huang seeking guidance with respect to his failure to seek a pre-motion conference in advance of his motion for an objector award. (See Dkt. No. 136.)
Mr. Huang may continue briefing and file a reply if he wishes.
SO ORDERED.
VIA E-Mail
Dear Honorable Judge Preska:
I write to address my inadvertent failure to comply with this Court's requirement that “[f]or motions other than discovery motions, a pre-motion conference with the court is required before making any motion....” I read Judge Nathan's chamber rules but failed to re-do after the case was reassigned to this Court. A voicemail was left to the Chambers this morning for the same topic.
Individual Practices Of Judge Loretta A. Preska, https://nysd.uscourts.gov/sites/default/files/practicedocuments/LAP%20Judge%20Preska%20In dividual%20Rules%2001282020.pdf, at 2.A.
Although I am not an attorney, I take all applicable rules as my obligations, even if they are rules that only barred attorneys are expected to follow. Though I repeatedly attempted to confer with opposing counsel via E-mail as a standard courtesy, that was not this Court's specific requirement, and I sincerely apologize for such lack of oversight that fell short of Rules, and one that fell short of my personal standards. Again, I apologize for such an avoidable mistake.
Even though Plaintiffs violated similar Rules in earlier proceedings (e.g., 50-page reply briefs; cf. Chamber Rules 2.C), I have zero tolerance for my failure to comply with any rules, regardless of whether a rule is procedural or substantive. I am willing to withdraw my pending motion at Dkt. 136 to restart the motion anew, in strictest compliance of the Court's requirement (supra at n.1). But because opposing counsel has filed an opposition brief, I wish the Court may provide guidance on whether the Court prefers I restart the motion anew or continue the briefings.