UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

BYRON SANTOS, ORDER Plaintiff, v. 6:22-CV-06338 EAW CDH

SERGEANT D. FILIGHERA, et al.,

Defendants.

Before the Court are two motions filed by pro se plaintiff Byron Santos (“Plaintiff”) seeking a court hearing on the status of his case. (See Dkt. 134; Dkt. 139).1 The first of those motions also seeks relief related to the monetary sanction that this Court imposed on Plaintiff for his failure to attend his scheduled deposition. (See Dkt. 134; see also Dkt. 119). This Court previously scheduled a conference in response to Plaintiff’s first motion for a hearing. (See Dkt. 134; Dkt. 135; Dkt. 137). Despite receiving notice of that conference, Plaintiff did not attend (see Dkt. 138), and his second request for a conference with the Court does not explain that absence except to say that his health difficulties have led to recent “schedul[ing] issues” (see Dkt. 139 at 1). Nonetheless, in light of Plaintiff’s pro se status, this Court will afford him one final opportunity

1 Defendants have filed a motion for sanctions against Plaintiff, asking the Court to dismiss the case based on Plaintiff’s failure to pay the monetary sanction for his missed deposition. (See Dkt. 123). The Court has not decided Defendants’ motion and does not do so at this time. to be heard. It therefore grants Plaintiff’s motions to the extent he seeks an additional conference with this Court. (Dkt. 134; Dkt. 139). Plaintiff’s request to “set aside” the monetary sanction previously imposed by

the Court is denied because Plaintiff has failed to establish his entitlement to such relief. Plaintiff’s assertion that he is unemployed, without further detail or legal argument, is not a sufficient basis for reconsideration of the Court’s prior determination.2 See Shrader v. CSX Transp., Inc.,

(2d Cir. 1995). The parties are ordered to appear before the Court for an in-person status conference on November 20, 2025, at 2:00 p.m. at the United States Courthouse,

100 State Street, Courtroom 4, Rochester, New York 14614. Plaintiff is advised that if he fails to attend this conference, no further conferences will be scheduled, and this Court will issue a recommendation that this case be dismissed with prejudice. SO ORDERED. ________________________________ COLLEEN D. HOLLAND United States Magistrate Judge

Dated: October 27, 2025 Rochester, New York

2 Plaintiff also requests a copy of the invoice stating the cost of the unattended deposition. (Dkt. 134 at 1). While Plaintiff appears to have been provided with this document already (see Dkt. 121-1), the Court is attaching an additional copy of that invoice with this order.