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CARTIER, INC. v. SAMO'S SONS

United States District Court, S.D. New York


January 6, 2005.

CARTIER, INC., a division of RICHEMONT NORTH AMERICA, INC., and CARTIER INTERNATIONAL, B.V., Plaintiffs,
v.
SAMO'S SONS, INC., et al., Defendants.

The opinion of the court was delivered by: DOUGLAS EATON, Magistrate Judge

MEMORANDUM AND ORDER

1. I am responding to Mr. Benschar's letter dated January 6, 2005.

2. District Judge Berman has directed that all of the parties appear before me for a settlement conference. I have set the settlement conference for January 13, 2005 at 10:00 a.m. sharp in Courtroom 18A in the new U.S. Courthouse at 500 Pearl Street; this is one block north of the old U.S. Courthouse at 40 Centre Street. I have already adjourned this conference once, and I will not adjourn it again.

  3. Normally, a corporation is in default unless it appears by an attorney. Two of the corporate defendants — Samo's Sons, Inc. and Gabriel Efraim Jewelers, Inc. — have no attorney at this point. I urge them each to get an attorney, at least for the settlement conference. Nevertheless, for the purpose of the settlement conference only, I will allow Freddie Samuel to represent Samo's Sons, Inc. and Gabriel Musheyev to represent Gabriel Efraim Jewelers, Inc. Both men must appear in person at the conference, regardless of whether an attorney also appears. The only exception will be if plaintiff's counsel faxes me that plaintiff has reached a settlement with a specific party and that plaintiff consents to excuse that specific party from attending. I will permit an attorney to enter a Notice of Appearance just for the conference.

  4. By 5:00 p.m. on January 11, 2005, Mr. Samuel and Mr. Musheyev must each fax a confidential letter to me (and to none of his adversaries). The letter must state: (1) the history of settlement negotiations; (2) his evaluation of the settlement value of the case and the rationale for it, including his confidential "bottom line"; and (3) any other facts that would help me prepare for the conference. My fax number is 212-805-6181.

  5. After my settlement conference, if Samo's Sons, Inc. or Gabriel Efraim Jewelers, Inc. fails to reach a settlement, then plaintiff may ask Judge Berman to enter a default judgment against the non-settling corporation, unless that corporation retains an attorney who enters a Notice of Appearance for the entire remainder of the lawsuit.

  6. I direct Mr. Benschar to serve copies of this Memorandum and Order on all parties as soon as possible.

20050106

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