Moreno v. City of New York

Nature of the Order

This is a case-management order, not a decision on the parties’ underlying claims. The court acted after receiving the parties’ joint letter dated October 12, 2022.

Mediation and Discovery

Under the Southern District of New York’s standing administrative order for employment-discrimination cases, the case was designated for automatic referral to the court’s mediation program after the defendants file an answer. Initial discovery must follow the Pilot Discovery Protocols for Counseled Employment Cases.

Pretrial Conference

If mediation is unsuccessful, counsel for all parties must appear for an initial pretrial conference on February 2, 2023, at 11:00 a.m. Unless the court grants permission through a letter-motion filed before the conference, each pretrial conference must be attended by the attorney who will serve as principal trial counsel.

Required Submissions and Discussions

The parties must confer before the conference about settlement and the subjects covered by Federal Rule of Civil Procedure 16, which governs pretrial case management. No later than seven calendar days before the conference, they must file a joint letter on the court’s electronic filing system and attach a proposed civil case-management plan and scheduling order using the court’s form.

The joint letter may not exceed three pages, except that lengthy information about the citizenship of parties for diversity jurisdiction may be placed in an appendix. To the extent the information differs from the parties’ earlier letter, the submission must address:

- the nature of the action, principal defenses, and major legal and factual issues; - why federal jurisdiction and venue are proper; - existing deadlines and cutoff dates; - outstanding motions; - discovery already completed and discovery needed for meaningful settlement discussions; - the status of prior settlement discussions without revealing exact offers or demands; - whether the parties believe a settlement conference, the district’s mediation program, or a private mediator would be appropriate; and - other information that could help move the case toward settlement or trial, including dispositive or novel issues.

Other Procedures

If the case is settled or otherwise terminated before the conference, counsel need not file the joint letter or appear if proof of termination is filed on the docket before the conference date. Requests to extend a deadline or adjourn the conference must be made by letter-motion filed at least 48 hours beforehand and must include the information specified in the order.

Counsel who had appeared when the order was issued must promptly provide the order and the judge’s individual rules to counsel who had not appeared, or directly to a party if counsel’s identity was unknown, and must file proof that notice was provided.

Disposition

Judge Jennifer L. Rochon entered the case-management directives described above. The opinion does not grant or deny a merits motion and does not resolve the parties’ claims.