Caponetto v. Mullen
- Rearden
- 1:22-cv-10423
- U.S. District Court · Southern District of New York
- 21
In Caponetto v. Mullen, Judge Rearden reassigned the case and required a status letter while keeping prior deadlines in effect.
The order affects Rossana Caponetto, identified as the pro se plaintiff, Larry Mullen and the other defendants, and the parties’ counsel. It also directs the clerk and addresses proceedings before magistrate and district judges.
What happened
Caponetto v. Mullen was reassigned to Judge Jennifer H. Rearden’s court. The order did not describe or decide the parties’ underlying claims or defenses.
The court kept all prior orders, dates, and deadlines in effect unless it later orders otherwise. Previously scheduled appearances or conferences before the district judge were postponed, while proceedings before a magistrate judge were to continue as ordered.
Judge Jennifer H. Rearden ordered the parties to confer and required the defendants to file and serve a joint case-status letter within three weeks. The letter must address matters including the claims and defenses, jurisdiction and venue, deadlines, motions, appeals, discovery, settlement discussions, possible alternative dispute resolution, and the estimated trial length.
The detailed version
- Caponetto v. Mullen · No. 1:22-cv-10423
- Rearden
- Jan. 20, 2023
Nature of the Order
This is a reassignment and case-management order, not a decision on the merits. The opinion states that the case was reassigned to Judge Jennifer H. Rearden’s court. It does not identify the legal claims in detail or decide whether Rossana Caponetto or Larry Mullen, et al., is correct on any underlying issue.
Directives After Reassignment
Unless the court orders otherwise, all prior orders, dates, and deadlines remain effective despite the reassignment. Any conference or oral argument before, or directed by, a magistrate judge must proceed as previously ordered. Previously scheduled appearances or conferences before the district judge were adjourned pending further notice.
Within three weeks after the order was filed, the parties must confer and prepare a joint letter updating the court on the case. The defendants must file the letter through the court’s electronic filing system and serve it on the pro se plaintiff. The letter may not exceed five double-spaced pages.
The letter must address, as relevant, counsel’s names and contact information; the nature of the claims and principal defenses; the basis for federal jurisdiction and venue; existing deadlines; previously scheduled but unfinished conferences or arguments; outstanding motions; pending appeals; completed and necessary remaining discovery; the status of settlement discussions without revealing exact offers or demands; discussions about alternative dispute resolution; the estimated trial length; and other information that could help advance the case. The order gives additional requirements for explaining diversity jurisdiction involving corporations, partnerships, limited liability companies, and trusts.
Other Instructions
If the case had already been settled or otherwise terminated, the parties did not need to submit the joint letter or appear if appropriate proof of termination was filed before the deadline. The clerk was directed to mail the order and Judge Rearden’s individual rules for civil cases and civil pro se cases to the pro se plaintiff.
The attached rules explain procedures for communications, filings, extensions, discovery disputes, motions, conferences, trial preparation, sealed filings, protective orders, and default judgments. They also state that a pro se party’s claims may be dismissed if the party fails to maintain a current mailing address of record.
Disposition and Classification
The court issued a reassignment and case-management order and imposed the joint-letter requirement. It did not grant or deny a merits motion, dismiss a claim, enter judgment, or resolve the parties’ underlying dispute. The order is therefore classified as a procedural order.
Read the full 21-page opinion on CourtListener, the free public archive maintained by the Free Law Project.