Nikolova v. St. Bartholomews Church in The City Of New York

Nature of the order

This is an initial case-management order, not a decision on the merits. The court stated that the case had been assigned to Judge Broderick for all purposes. The opinion does not identify the underlying claims, the parties’ positions, or any disputed legal issue.

Mediation and initial discovery

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 follow the Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action.

Those protocols generally require the plaintiff and defendants to exchange specified documents and information within 30 days after the defendants submit a responsive pleading or motion, unless the court orders otherwise. The required exchanges include information about the employment relationship, communications and documents supporting the claims or defenses, potentially relevant witnesses, damages, personnel records, employment decisions, workplace policies, compensation, benefits, and later employment. The protocols replace the parties’ ordinary initial-disclosure obligations under Federal Rule of Civil Procedure 26(a)(1), but do not eliminate later discovery under the Federal Rules or applicable local rules.

Other deadlines and conference ruling

Because of the public health crisis, the court ordered that it would not hold an initial pretrial conference. If mediation was unsuccessful, counsel for all parties had to submit a joint letter by May 7, 2021 addressing the action and defenses, jurisdiction and venue, anticipated motions, completed and needed discovery, settlement discussions and prospects, estimated trial length, and other information useful for moving the case toward settlement or trial. By the same date, the parties also had to submit a proposed case-management plan and scheduling order.

Result

Judge Vernon S. Broderick entered procedural and scheduling directives. The order neither granted nor denied a merits motion and did not resolve the underlying claims or defenses.