McGee v. Blackrock, Inc.

Nature of the Order

This is an early case-management order and notice concerning an initial conference. It does not decide the merits of Brittanie McGee’s claims against Blackrock, Inc.

Court-Ordered Procedures

The court assigned the case to Judge Vernon S. Broderick for all purposes. Under the Southern District of New York’s standing administrative order for employment-discrimination cases, the court designated the case for automatic referral to the court’s mediation program.

The court also ordered that initial discovery be conducted under the Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action. The attached protocols require the parties to exchange specified documents and information early in the case, generally within 30 days after the defendant submits a responsive pleading or motion. The protocols address information such as communications about the claims, employment records, personnel files, performance evaluations, documents supporting the employment decision, potential witnesses, and claimed damages. They replace the parties’ usual initial disclosures under Federal Rule of Civil Procedure 26(a)(1), but do not eliminate later discovery available under the federal rules and local rules.

The attached protocols state that they generally apply to employment cases challenging an allegedly adverse action, subject to listed exceptions, including class actions and cases involving only hiring discrimination, harassment or a hostile work environment, wage-and-hour violations, failure to provide disability accommodations, family-leave violations, or employee-benefit violations. The order itself does not discuss whether any exception applies here.

Initial Conference and Deadlines

Because of the public health crisis, the court ordered that it would not hold an initial pretrial conference. If mediation is unsuccessful, counsel for all parties must submit a joint letter by May 6, 2021, addressing the nature of the action and defenses, jurisdiction and venue, contemplated or pending motions, discovery, settlement discussions, estimated trial length, and other information that could help move the case toward settlement or trial.

The parties must also jointly submit a proposed case-management plan and scheduling order by May 6, 2021, through the court’s electronic filing system.

Disposition

Judge Broderick entered the case-management directives described above. The order does not grant or deny a merits motion, resolve a claim, or state an outcome for either party’s underlying legal dispute.