Question about plaintiffs attorney requesting a conference with the judge and he grants it in state supreme lawsuit.

Asked over 1 year ago - Albany, NY

I had a bussiness ( llc) that failed and we closed it nov 2012 and depositons were set for feb 2013 .So we refused to do them and notified the other side that the bussiness is closed and has no assets and no sales,bank accts,insurance,etc,so there is nothing to get.The judge already approved that I am not personally responsible for any (llc) debts.So the plaintiffs attorney requested a conference with the judge in 2 weeks .1) don't they have to submit paperwork to the judge to get a conference or to me as we have seen nothing but a letter from the judge.2) Also if there is nothing to get as bussiness is closed what could they hope to get at the meeting.?3) there are no motions or orders to show cause pending.4) it seems they want to complain to the judge and try to get him to reverse.?

Additional information

Seems they might be mad that we didn't tell them we closed the bussiness until 2 weeks before the depositions.I am the defendant.Maybe they want to do an inquest of the bussiness or have the judge put me back in personally ,but he already ruled on that motion to keep me out 8 months ago.What do you think they are up to since there is nothing to get anymore.?

Attorney answers (3)

  1. Edwin Drantivy

    Contributor Level 18

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . Pretty much. There is a good chance, though, that they have a legitimate question to ask the Judge that affects their case. If there are no motions scheduled for that day then it will probably be a status conference or something comparable.

  2. Gaetano Parrinello

    Contributor Level 12

    3

    Lawyers agree

    Answered . Generally a preliminary conference order early in the case sets discovery and deposition dates and then a follow up compliance conference. If depositions were scheduled for the llc, the fact that the llc closed doesn't relieve the llc witness from testifying in accordance with the preliminary conference order. Because the case was not dismissed as to the llc, the plaintiff can continue to prosecute the claim, even if there is little chance of collecting a judgment against the defendant. of course, the plaintiff can also agree to discontinue against the llc if he or she so chooses. right now, however, the case continues against the llc. At the conference, the rep for the llc will have to explain why the llc didn't comply with the order.

    The author of this posting is a lawyer licensed to practice law in the State of New York. He specializes in... more
  3. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . Its pretty easy to get a conference but there should not be any ex parte communucation with the court.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more

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