Schafmeister v. NYU Langone Hospitals

Background

The opinion is an order concerning the early management of an employment case. The caption identifies Susanne Schafmeister as the plaintiff and NYU Langone Hospitals, et al. as the defendants. The opinion does not describe the specific employment action challenged or the parties’ claims and defenses.

Court’s orders

The court stated that the case had been assigned to Judge Vernon S. Broderick for all purposes. Because of the public health crisis, the court canceled the initial pretrial conference.

The court ordered that initial discovery follow the attached “Initial Discovery Protocols for Employment Cases Alleging Adverse Action.” Those protocols create an early exchange of information and documents tailored to certain employment cases. They replace the parties’ usual initial disclosures under Federal Rule of Civil Procedure 26(a)(1), but do not eliminate later discovery rights under the Federal Rules of Civil Procedure or applicable local rules.

Under the protocols, the plaintiff must provide specified documents and information, including communications and documents supporting the claims, information about knowledgeable people, and categories of claimed damages. The defendant must provide specified documents and information, including relevant communications, the plaintiff’s personnel file, performance evaluations, formal discipline, documents relied on for the employment decision, relevant workplace policies, compensation and benefits information, and information about people involved in or knowledgeable about the decision and claims. The protocols generally require these exchanges within 30 days after the defendant submits a responsive pleading or motion.

The attached protocols state that they do not apply to class actions or cases involving only certain listed subjects, including hiring discrimination, harassment or hostile work environment, wage-and-hour violations under the Fair Labor Standards Act, failure to provide reasonable accommodations under the Americans with Disabilities Act, Family and Medical Leave Act violations, or Employee Retirement Income Security Act violations. They also allow a party to ask the court for an exemption based on good cause.

Required filings and disposition

By July 17, 2020, the parties were ordered to submit a joint letter of no more than three pages addressing the nature of the action and principal defenses; why jurisdiction and venue were proper; contemplated or pending motions; completed and needed discovery; prior settlement discussions and settlement prospects; estimated trial length; and other information that could help move the case toward settlement or trial.

The court also ordered the parties to submit a proposed case-management plan and scheduling order electronically through the court’s filing system. This was a procedural case-management and discovery order. It did not grant or deny a merits motion, resolve any claim, or determine which side was right. The order was signed by Judge Vernon S. Broderick.