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,
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,
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
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.
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