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S.D.N.Y.Procedural orderFiled Jan. 14, 2022

Pina v. United States

Judge
Barbara Moses
Docket
1:20-cv-01371
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

Pina v. United States: Magistrate Judge Moses adjourned the case-management conference and warned against abusive litigation language.

Who this affects

Frederick D. Pina, the self-represented plaintiff, and the United States, whose lawyer was involved in the scheduling dispute.

What happened

In Pina v. United States, Frederick D. Pina asked to reschedule a telephone case-management conference because of his legal schedule and another lawsuit. He did not propose alternative dates or show that he had consulted the opposing lawyer.

The court moved the conference from January 18 to January 27, 2022, at noon. It explained that the court—not the United States’ lawyer—had set the original date, and that the court had later changed the conference from in-person to telephone at the lawyer’s request.

Magistrate Judge Barbara Moses rejected Pina’s accusations against the opposing lawyer as baseless and reminded him that self-represented parties must act cooperatively and respectfully. The court warned that abusive language can lead to serious sanctions, including dismissal, but did not impose such a sanction in this order.

The detailed version

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

Case
Pina v. United States · No. 1:20-cv-01371
Judge
Barbara Moses
Date
Jan. 14, 2022

Background

Frederick D. Pina, who was representing himself, asked the court to reschedule an initial case-management conference set for January 18, 2022. He said that a different date would better accommodate his legal schedule and another civil lawsuit. Pina did not suggest specific replacement dates, and the opinion states that he did not appear to have consulted the United States’ lawyer about possible dates, as required by the judge’s practice rules.

Pina also accused the United States’ lawyer of making a preemptive and callous move, disregarding civility, and pressuring him to accept the conference date. The court explained that it—not opposing counsel—had scheduled the conference. The court also stated that it had mailed Pina the scheduling order and later converted the conference from in-person to telephone at the request of the United States’ lawyer, without changing the date or time.

Ruling

The court ordered that the initial case-management conference be adjourned to January 27, 2022, at noon, and provided the telephone number and access code for the conference. The opinion does not state that the court formally granted or denied Pina’s motion; it states that the conference was adjourned as a courtesy to him.

The court rejected Pina’s accusations against opposing counsel as baseless. It also reminded him that self-represented parties must handle scheduling and pretrial matters cooperatively, treat adversaries courteously, and respect the court’s authority. The court warned that abusive or insulting language can result in significant sanctions, including dismissal of an entire action, but this order did not impose those sanctions. Judge Barbara Moses directed the Clerk of Court to mail Pina a copy of the order.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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