Garcia v. Thomas
- George Daniels
- 1:21-cv-00636
- U.S. District Court · Southern District of New York
- 15
In Garcia v. Thomas, Judge Moses issued pretrial and discovery procedures, including filing instructions for the pro se plaintiff, without deciding the lawsuit’s merits.
The order affects Daniel Garcia, the defendants, and their counsel by setting procedures for pretrial management, discovery, motions, court communications, and filings.
What happened
Garcia v. Thomas is a civil case referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive motions, and possible settlement. The April 1, 2021 order sets procedures for handling the case.
The order explains how the parties must raise discovery disputes, request extensions, file motions, conduct remote depositions, and communicate with the Court. It also gives Daniel Garcia, identified as a pro se plaintiff, available methods for filing documents during the COVID-19 emergency.
Judge Moses signed the order and directed the Clerk to mail a copy to the plaintiff. The order establishes case-management procedures and does not decide the claims, defenses, or merits of Garcia v. Thomas.
The detailed version
- Garcia v. Thomas · No. 1:21-cv-00636
- George Daniels
- Apr. 1, 2021
Background
The action is captioned as brought by Daniel Garcia against Thomas and other defendants. The matter was referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, settlement, and any report and recommendation on dispositive motions.
Order
The order directs that pretrial motions and applications be made to Judge Moses and comply with her individual practices. It cautions the parties to begin discovery early enough to finish by the discovery deadline and to make discovery applications promptly. Discovery disputes generally require a good-faith conference between the parties and a request for a pre-motion conference under the applicable local rule.
The order also addresses requests to adjourn conferences or extend deadlines, page limits for letters and letter-motions, remote conferences and hearings, and remote depositions during the COVID-19 national emergency. It provides filing methods for pro se parties, including delivery to the courthouse drop box, mail to the Pro Se Intake Unit, and email submission of documents. The order includes additional individual practices concerning motions, sealed filings, pretrial procedures, and communications with the Court.
Disposition and Effect
Judge Moses signed the order on April 1, 2021, and directed the Clerk of Court to mail a copy to the plaintiff. This is a procedural case-management order; it does not rule on the merits of any claim or defense, and the excerpt does not show a ruling on a dispositive motion.
Read the full 15-page opinion on CourtListener, the free public archive maintained by the Free Law Project.