Hice v. Lemon

Opinion

UNITED STATES DISTRICT COURT CIVIL CONFERENCE EASTERN DISTRICT OF NEW YORK MINUTE ORDER

BEFORE: STEVEN I. LOCKE DATE: 5/5/2021 U.S. MAGISTRATE JUDGE TIME: 2:00 pm

CASE: CV 19-4666 (JMA) Hice v. Lemon

TYPE OF CONFERENCE: MOTION FTR:

APPEARANCES: For Plaintiff: Robert Barnes Stuart Bernstein and Adrienne Levy (outgoing counsel)

For Defendant: Caroline Polisi and Daniela Gordon

THE FOLLOWING RULINGS WERE MADE: ☐ Scheduling Order entered.

☐ The court has adopted and So Ordered the joint proposed scheduling order [ ] submitted by the parties.

☒ Other: Oral argument held. Plaintiff’s motion to compel production of the case file from outgoing counsel, DE [68], is denied for the reasons set forth on the record. The retaining lien on the file, asserted in the amount of costs incurred by outgoing counsel, is valid, and must be resolved. See Melnick v. Press, 06-CV-6686, 2009 WL 2824586 *11- 12 (E.D.N.Y. Aug. 28, 2009) (Bianco, J.); Security Credit Sys., Inc. v. Perfetto, 242 A.D.2d 871, 871-72, 662 N.Y.S.2d 674, 674-75 (4th Dep’t 1997).

COURT APPEARANCES: The following conference(s) will be held via the Court’s AT&T Conference line:

6/16/21 at 10:00 am : Status conference

The parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt

SO ORDERED

/s/Steven I. Locke STEVEN I. LOCKE United States Magistrate Judge