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S.D.N.Y.Procedural orderFiled Sept. 23, 2022

Kitani v. City Of New York

Judge
Rochon
Docket
1:19-cv-01043
Court
U.S. District Court · Southern District of New York
Pages
22
Civil ProcedurePro Se
In one sentence

Judge Rochon reassigned Kitani v. City Of New York and ordered the parties to file a joint case-status letter.

Who this affects

The parties, including Mikiko Kitani and the New York City Transit Authority and other defendants, as well as their counsel, must follow the reassignment and joint-status-letter requirements. The order specifically requires service on the plaintiff, who is proceeding without a lawyer.

What happened

In Kitani v. City Of New York, the court announced that the case had been reassigned to a new district judge. Earlier orders, dates, and deadlines remain in effect unless the court changes them.

The parties must confer and prepare a joint letter about the case’s status within three weeks. The defendants must file the letter electronically and serve it on the plaintiff, who is representing herself. The letter must address matters such as the case’s nature, jurisdiction, deadlines, motions, discovery, settlement discussions, possible mediation, and the expected trial length.

Judge Jennifer L. Rochon also postponed previously scheduled appearances or conferences before the district judge until further notice, while conferences before the magistrate judge will proceed as ordered. This notice does not decide the merits of the lawsuit.

The detailed version

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

Case
Kitani v. City Of New York · No. 1:19-cv-01043
Judge
Rochon
Date
Sept. 23, 2022

Background

The opinion is a notice that the case was reassigned to Judge Jennifer L. Rochon. The caption identifies Mikiko Kitani as the plaintiff and New York City Transit Authority and others as defendants. The opinion does not describe the underlying claims or defenses in detail and does not resolve any disputed legal issue.

Court’s directives

The court directed all counsel and the plaintiff, who is proceeding without a lawyer, to familiarize themselves with Judge Rochon’s individual rules. Unless the court orders otherwise, all prior orders, dates, and deadlines remain in effect. 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 judge are postponed until the court provides further notice.

Within three weeks after the order was filed, the parties must confer and prepare a joint status letter. The defendants must file the letter electronically and serve it on the plaintiff. The letter may not exceed four pages and must separately address, to the extent relevant, the parties’ current contact information; the nature of the case and principal defenses; the basis for jurisdiction and venue; existing deadlines; previously scheduled conferences; outstanding motions; pending appeals; discovery completed and still needed; prior settlement discussions without exact offers or demands; possible alternative dispute resolution; the estimated trial length; and any other information that may help move the case toward settlement or trial.

If the case had already been settled or otherwise terminated, the parties would not need to submit the letter or appear, provided they filed appropriate proof of termination before the letter deadline. The court also directed the Clerk to mail the order and Judge Rochon’s individual rules to the plaintiff.

Disposition and classification

Judge Rochon issued a case-management and reassignment order. The order does not grant or deny a motion, dismiss the case, enter judgment, or decide the parties’ underlying rights. It is therefore classified as a procedural order.

The authoritative version

Read the full 22-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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