United States District Court, S.D. New York
For Twana Adams, Josephina Cruz, Plaintiffs: Joy Hochstadt, LEAD ATTORNEY, Joy Hochstadt P.C, New York, NY.
For Michael Ebewo, Joanne Hart, Julianne Polito, Thomasina Robinson, Brandi Scheiner, Plaintiffs: Nicholas Alexander Penkovsky, LEAD ATTORNEY, Law Offices of Nicholas A. Penkovsky, P.C., New York, NY.
For New York State Education Department, A division/organ of the State of New York, Richard Mills, Commissioner of Education, Manager Deborah A. Marriott, Defendants: Antoinette W Blanchette, LEAD ATTORNEY, New York State Office of the Attorney General, New York, NY; Blanche Jayne Greenfield, New York City Law Department, New York, NY.
For Michael Bloomberg, City of New York, New York City Department of Education, Joel Klein, Defendants: Blanche Jayne Greenfield, New York City Law Department, New York, NY.
For Commissioner David M. Steiner, of Education, Defendant: Antoinette W Blanchette, LEAD ATTORNEY, New York State Office of the Attorney General, New York, NY.
For New York City Board Of Education, Intervenor Defendant: Blanche Jayne Greenfield, LEAD ATTORNEY, New York City Law Department, New York, NY.
Dr. Joy Hochstadt, REal Party in Interest, Interested Party, Pro se.
For Joy Hochstadt, REal Party in Interest, Interested Party: Joy Hochstadt, Joy Hochstadt P.C, New York, NY.
DECISION AND ORDER
VICTOR MARRERO, United States District Judge.
On April 26, 2013, the Court held a hearing in this matter regarding the failure of Nicholas Penkovsky (" Penkovsky" ), attorney for certain plaintiffs in this action, to pay sanctions imposed on him by Order dated April 10, 2012 in the amount of $5,000 pursuant to Federal Rule of Civil Procedure 11 (" Rule 11" ). At the hearing, the Court ordered Penkvosky to pay, either in full or in installments, the sanctions against him within sixty days or be held in contempt of court. Penkovsky failed to pay the sanctions within the sixty days and instead, on June 25, 2013, requested that the Court modify the payment schedule. The Court declines to grant this request.
By Order dated December 8, 2010, Magistrate Judge Andrew Peck, to whom this matter had been referred for supervision of pretrial proceedings, issued a Report and Recommendation (the " Report" ) recommending that a sanction in the amount of $7,000 be imposed on Penkovsky. The Court withheld ruling on the Report pending Penkovsky's appeal to the United States Court of Appeals for the Second Circuit of the Court's decisions relating to the underlying dispute, which involved the conduct by Penkovsky that prompted Magistrate Judge Peck's recommendation of sanctions. The Second Circuit affirmed those rulings. See Ebewo v. New York State Educ. Dep't, 460 Fed.Appx. 67 (2d Cir. Feb. 28, 2012). By Order dated April 10, 2012, the (" April 10 Order" ) this Court adopted the Report's recommendation but reduced the amount of the sanction to $5,000 (the " Sanction" ). The Court ...