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S.D.N.Y.Procedural orderFiled June 24, 2024

Gebra Micheal v. United States

Judge
Katharine Parker
Docket
1:24-cv-00098
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In Micheal v. United States Postal Service, Judge Parker granted a request to postpone and convert the initial conference to a telephone call.

Who this affects

The parties to the case, whose initial case-management conference was postponed and converted to a telephone conference.

What happened

In Micheal v. United States Postal Service, the parties had an initial case-management conference scheduled for June 26, 2024. The government asked to postpone it because its attorney had a family member’s medical appointment at the same time, and the plaintiff consented.

The government also said the parties had not yet filed their required case-management report and proposed plan. The plaintiff asked that the rescheduled conference be held by telephone because the parties had agreed on a proposed discovery plan and did not expect issues requiring discussion.

Judge Katharine H. Parker granted the request. She converted the conference to a telephone conference and rescheduled it for August 5, 2024, at noon.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Gebra Micheal v. United States · No. 1:24-cv-00098
Judge
Katharine Parker
Date
June 24, 2024

Background

The United States Attorney’s Office, representing the United States Postal Service and James Cantalupo, asked the court to adjourn an initial case-management conference scheduled for June 26, 2024. The attorney stated that a previously scheduled medical appointment for a close family member conflicted with the conference. The submission said this was the government’s first request and that the plaintiff consented. It also stated that the plaintiff could not attend a rescheduled conference on July 3, 2024.

The parties had previously met under Rule 26(f) of the Federal Rules of Civil Procedure and had filed a case-management plan when the case was assigned to Judge Liman. They had not yet filed the report and proposed case-management plan required for the conference. The government said the parties would promptly complete and file those materials. The plaintiff also requested a telephone conference because the parties had agreed on a proposed discovery plan and did not expect issues or disputes to discuss.

Ruling

Judge Katharine H. Parker granted the application. The court converted the June 26 conference to a telephone conference and rescheduled it for August 5, 2024, at 12:00 p.m. The parties’ attorneys were directed to call Judge Parker’s conference line at that time. The letter also noted the government’s position that the Federal Tort Claims Act permits only the United States of America to be the proper defendant, and that the government had approached the plaintiff about substituting that entity for the United States Postal Service and James Cantalupo; the endorsement did not rule on that issue.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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