Abdou v. Walker
- Rearden
- 1:19-cv-01824
- U.S. District Court · Southern District of New York
- 21
In Abdou v. Walker, Judge Rearden reassigned the case, kept prior deadlines in place, and ordered a joint status letter.
The parties and their counsel must follow the existing case schedule, comply with the reassignment instructions, and submit the required joint status letter unless the case is terminated before the deadline. Parties without lawyers must also follow the attached communication and filing procedures.
What happened
Abdou v. Walker is a notice that the case was reassigned to Judge Jennifer H. Rearden. The order says all earlier orders, dates, and deadlines remain in effect unless the court changes them. Previously scheduled appearances or conferences before the district judge are postponed, while proceedings before a magistrate judge will continue as scheduled.
The parties must file a joint letter within three weeks describing the case’s status. The letter must address the claims and defenses, jurisdiction and venue, deadlines, pending motions or appeals, discovery, settlement discussions, possible mediation, and the estimated trial length. No letter or appearance is required if the case has already been settled or otherwise ended and proof of termination is filed before the deadline.
Judge Rearden also directed the Clerk to mail the order and the court’s civil-case rules to parties without lawyers. This order manages the case after reassignment; it does not decide the parties’ claims or defenses.
The detailed version
- Abdou v. Walker · No. 1:19-cv-01824
- Rearden
- Jan. 23, 2023
Nature of the Order
The court issued a notice of reassignment stating that the case had been reassigned to Judge Jennifer H. Rearden. The order is administrative and case-management focused. It does not resolve any claim, defense, motion, jurisdictional issue, or other underlying legal dispute.
Effect of Reassignment
Unless the court orders otherwise, all prior orders, dates, and deadlines remain in effect. Conferences or oral arguments before, or directed by, a magistrate judge will proceed as previously ordered. Previously scheduled appearances or conferences before the district judge are adjourned until further notice.
Required Joint Status Letter
Within three weeks after the order was filed, the parties were ordered to submit a joint letter of no more than five double-spaced pages. The letter must separately address, to the extent relevant:
- counsel and current contact information; - the nature of the claims and principal defenses; - why federal jurisdiction and venue are proper, including citizenship information required for cases based on diversity jurisdiction; - existing deadlines and cutoff dates; - previously scheduled conferences or arguments that have not occurred; - outstanding motions and the relief requested; - pending appeals; - discovery completed and discovery still needed for meaningful settlement discussions; - the status of settlement discussions without stating exact offers or demands; - whether alternative dispute resolution may be useful; - the estimated trial length; and - any other information that may help advance the case, including any dispositive or novel issue.
If the case had been settled or otherwise terminated, the parties did not need to submit the joint letter or appear if they filed a stipulation of discontinuance, voluntary dismissal, or other appropriate proof of termination before the submission deadline.
Attached Court Rules
The order included Judge Rearden’s individual rules for civil cases and civil cases involving parties without lawyers. Those rules address communications with the court, filing papers, discovery disputes, motions, conferences, trial preparation, electronic devices, sealed and redacted filings, protective orders, and default judgments. The rules state that parties without lawyers must communicate through the court’s Pro Se Office rather than contacting chambers directly, and that they must keep their mailing addresses current.
Disposition and Classification
The court ordered the reassignment-related procedures and the joint status update. It did not enter judgment or decide the merits of the case. This is a procedural order.
Read the full 21-page opinion on CourtListener, the free public archive maintained by the Free Law Project.