Morgan Art Foundation Limited v. McKenzie d/b/a American Image Art
- Rochon
- 1:18-cv-04438
- U.S. District Court · Southern District of New York
- 22
In Morgan Art Foundation v. McKenzie, Judge Rochon reassigned the case, kept prior deadlines, and ordered a status letter.
The parties, their counsel, the pro se plaintiff, and the defendants responsible for filing and serving the joint status letter are affected. The order also affects proceedings before the district court and magistrate judge.
What happened
Morgan Art Foundation Limited v. McKenzie d/b/a American Image Art, et al. was reassigned to a new district judge. The order says that earlier orders, dates, and deadlines remain in effect unless changed later. Proceedings before the magistrate judge will continue as previously ordered, but district-court appearances and conferences were postponed until further notice.
The parties must confer and prepare a joint letter updating the court on the case. The defendants must file and serve that letter on the pro se plaintiff within three weeks. The letter must address matters including the parties’ contact information, the case and defenses, jurisdiction and venue, deadlines, motions, appeals, discovery, settlement discussions, possible alternative dispute resolution, and the estimated trial length.
Judge Jennifer L. Rochon also directed the clerk to mail the order and her practice rules to the pro se plaintiff. This order handled reassignment and case management; it did not decide the underlying claims or defenses.
The detailed version
- Morgan Art Foundation Limited v. McKenzie d/b/a American Image Art · No. 1:18-cv-04438
- Rochon
- Sept. 19, 2022
Nature of the Order
This is a notice of reassignment and case-management order. Judge Jennifer L. Rochon stated that the case had been reassigned to her. The opinion does not describe the underlying claims in detail and does not resolve the parties’ legal dispute.
Effect of Reassignment
Unless the court later orders otherwise, all prior orders, dates, and deadlines remain in effect despite the reassignment. Any conference or oral argument before, or directed by, the magistrate judge will proceed as previously ordered. Previously scheduled appearances or conferences before the district court were adjourned until further notice.
Required Joint Status Letter
The parties were ordered to confer and prepare a joint letter updating the court on the status of the case. The defendants were ordered to file the letter electronically and serve it on the pro se plaintiff within three weeks after the order was filed. The letter may not exceed four pages.
The court identified information the letter must provide when relevant, including:
- The names and current contact information of counsel and the pro se plaintiff; - A brief description of the case and principal defenses; - The basis for jurisdiction and venue, including required citizenship information in cases based on diversity jurisdiction; - Existing deadlines and due dates; - Previously scheduled conferences that have not occurred; - Outstanding motions and the relief sought; - Pending appeals; - Discovery completed and discovery remaining that is important to meaningful settlement discussions; - The status of prior settlement discussions without revealing exact offers or demands; - The parties’ views on possible settlement conferences, mediation, or a private mediator; - The estimated trial length; and - Other information that could help move the case toward settlement or trial.
If the case had already been settled or otherwise terminated, the parties did not need to submit the letter or appear, provided that proof of termination was filed before the submission deadline.
Practice Rules and Service
The order directed counsel and the pro se plaintiff to review Judge Rochon’s individual rules. The clerk was directed to mail the order, the judge’s rules for civil cases, and the rules for civil pro se cases to the pro se plaintiff. The attached rules address communications with the court, filing and service, discovery, motions, pretrial submissions, trial procedures, sealing and redactions, settlement agreements, and electronic devices.
Disposition
The court reassigned the case, maintained prior deadlines and orders, adjourned previously scheduled district-court appearances pending further notice, and ordered the stated status-letter process. It did not rule on the merits of the claims or defenses.
Read the full 22-page opinion on CourtListener, the free public archive maintained by the Free Law Project.