Progressive Casualty Insurance Company v. Featherstone Foods Inc.

Nature of the order

This was a post-conference order following a final pretrial conference. The opinion does not state the claims or defenses in detail. It records instructions that the court gave the parties during the conference.

Orders concerning a jury trial

The court ordered the parties to brief whether the defendants are entitled to a jury trial. The court explained that an earlier order had cited a case involving advisory juries and factual findings by the district court, and it directed the parties to address whether this action is an action at law or an action in equity. Each side’s brief was due by 12:00 p.m. on February 9, 2022.

Required pretrial submissions

By the same deadline, each side had to submit a proposed declaration describing the relief it would be entitled to if it prevailed. The parties also had to submit jointly a statement of facts to be read to the jury, an alphabetized list of people and places for jury questioning, and a revised proposed joint pretrial order reflecting the court’s rulings during the conference.

The court separately ordered the parties to submit a copy of the summary judgment order in the underlying dispute. The opinion describes that order as finding Featherstone Foods, Sacko, and D.J. Santiago-Rodriguz jointly and separately responsible for the injuries of Margaret L. Herzog and Brian Rohman.

Disposition

The court entered the listed pretrial directives. It did not resolve in this order whether the defendants are entitled to a jury trial. The order was signed by Judge Alvin K. Hellerstein.