United States Second Circuit

In a case against defendant law firm for violation of state and federal debt collection laws, dismissal of plaintiff's complaint with prejudice as a result of her failure to appear for her court-ordered deposition is vacated pursuant to defendant's appeal where the record was insufficient to determine whether the district court properly refused defendant its expenses caused by plaintiff's non-appearance after indicating on the record that it would.

Appellate Information

• Decided 07/29/2008
• Published 07/29/2008

Judges

• PER CURIAM:, Before WESLEY and HALL, Circuit Judges, and KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas A. Leghorn, Wilson, Elser, Moskowitz, Edelman & Dicker, L.L.P., White Plains, N.Y. (Jill N. Brown, Wolpoff & Abramson, LLP, Minnetonka, MN, Ronald S. Canter, Wolpoff & Abramson, LLP, Rockville, MD, on the brief), for Appellants.


• For Appellees:
  
• Joanne S. Faulkner, New Haven, CT, for Appellee.