SDNY Judge Subramanian Laid
Down Law in ADA Case Now Remote
Settlement Conference
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
June 17 – The full range of
Federal cases, from criminal
sex trafficking conspiracy
prosecutions to civil cases
under the Americans with
Disabilities Act, was on
display on June 16 in the U.S.
District Court for the
Southern District of New York.
SDNY Judge Arun Subramanian
presided over the US v. Sean
Combs trial from 8:30 am to 3
pm, when he said he had
another case. Inner City Press
went to cover this other case
as well - but defense counsel
wasn't there on
time.
When
defense counsel did show up,
he was facing the threat of
sanctions, with the trial
supposedly starting the next
week (when US v Combs will
still be going).
The ADA
case is about accessibility of
Emma Peel Room Bar on Allen
Street not far from the
courthouse. The bar's owner's
counsel said his client did
not want to settle for more
than the costs of defense,
since he had already repaired
other of his properties and
this one has other
egress.
Too late,
Judge Subramanian told him.
The deadlines to move to
dismiss or for summary
judgment has passed. The judge
asked, "Where is your
client?" "In
Germany," defense counsel
said, adding that it is six
hours later there.
Get
your client on the phone, said
Judge Subramanian, saying that
even trying would show good
faith. He encouraged or
ordered the lawyers to
continue talking at coffeeshop
nearly, once defense counsel
had retrieved his phone
downstairs.
He
agreed to adjourn the trial to
July 14 - after July 4 seemed
inevitable, give US v. Combs -
and urged the sides to settle.
Docketed on June
17 amid the Combs trial, Judge
Subramanian or his chambers
docketed: "By 5:00 PM on
Tuesday, June 17, 2025,
defendants' counsel is hereby
ORDERED to submit the
following to the chambers
email inbox: Proof that
counsel was in a deposition on
the afternoon of May 16, 2025.
His client's travel itinerary
in Germany, including the
client's return date.
Additionally, counsel is
ordered to file the following
on the docket by the same
time: The answer to the
complaint and proof that it
was served on plaintiff, as
defense counsel represented at
today's hearing. A response to
plaintiff's application for
sanctions, Dkt. 27. The Court
will hold a remote settlement
conference on Wednesday, June
18, 2024, at 4:00 PM.
Attorneys and clients must
attend. The Court will send
the videoconference
information to the parties via
email in advance of the
conference. (In advance of the
conference, if either side
objects to the Court holding a
conference, the parties should
so advise the Court without
indicating which side
objected.) Trial is hereby
ADJOURNED to July 14, 2025.
The parties' joint pretrial
submissions are due June 23,
2025, and the final pretrial
conference will be July 7,
2025, at 4:00 PM. (Signed by
Judge Arun Subramanian on
6/17/2025). Inner City Press
will stay on it.
The case is
Norris v. XLR8, LLC, et al.,
1:24-cv-3015 (Subramanian)
***
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