Roman v. New York City Department of Education

Nature of the Order

This is a case-management order. It does not decide the claims, defenses, or any pending legal issue in the underlying case.

Conference Format

Because of the COVID-19 situation, the court stated that the upcoming conference would not be held in person. The parties had to say in their joint letter whether they could proceed without a conference. If they could, the court might enter a case-management plan and scheduling order without requiring the parties to appear. If they could not, the initial conference would be held by telephone, potentially at a different time.

Required Filings and Discussions

The court ordered counsel to confer before the conference about settlement and the subjects normally addressed at a conference under Federal Rule of Civil Procedure 16. Counsel had to file a joint letter and a proposed Civil Case Management Plan and Scheduling Order, using the court’s form, no later than the Thursday of the week before the initial pretrial conference.

The joint letter could not exceed five pages. It had to describe the action and principal defenses, explain why federal jurisdiction and venue were proper, list deadlines, describe outstanding motions and completed or needed discovery, identify prior settlement discussions, address alternative dispute resolution options, and provide other information that could help move the case toward settlement or trial.

Effect of Settlement or Termination

If the case had been settled or otherwise terminated, counsel did not have to submit the letter or appear, provided that appropriate proof of termination was filed on the docket before the conference date.

Disposition

The court issued the case-management directives described above. It did not grant or deny a merits motion, dismiss the action, or reach the underlying legal questions.