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.
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 litigation matters relating to personal injury, construction accidents, auto accidents, slip and fall, dog bite, contract litigation, property litigation, civil rights, ERISA, and Social Security matters in federal, state and local courts, with a focus on courts in Staten Island, Manhattan, Brooklyn, Queens and the Bronx. This posting is intended as general information only, is not provided as legal advice in connection with any specific case, and should not be construed to create an attorney-client relationship. For more information about me, see http://www.avvo.com/attorneys/10314-ny-gaetano-parrinello-1897122.html?ref=header
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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.