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S.D.N.Y.Procedural orderFiled Feb. 2, 2023

Dewald v. The City of New York

Judge
Rearden
Docket
1:22-cv-08210
Court
U.S. District Court · Southern District of New York
Pages
21
Civil ProcedurePro Se
In one sentence

In Dewald v. The City of New York, Judge Rearden reassigned the case and ordered a joint status letter within three weeks.

Who this affects

Jerome W. Dewald, The City of New York, the other defendants, and their counsel are affected by the reassignment and the required joint status update. The order specifically requires the defendants to file and serve the letter on the self-represented plaintiff.

What happened

Dewald v. The City of New York was reassigned to Judge Jennifer H. Rearden. The order does not describe the claims or decide their merits.

The court kept all prior orders, dates, and deadlines in effect. It adjourned previously scheduled appearances or conferences before the district judge until further notice.

Judge Rearden ordered the parties to confer and directed 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, deadlines, motions, discovery, settlement discussions, possible alternative dispute resolution, and estimated trial length.

The detailed version

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

Case
Dewald v. The City of New York · No. 1:22-cv-08210
Judge
Rearden
Date
Feb. 2, 2023

Purpose of the Order

The court issued a notice of reassignment stating that the case had been reassigned to Judge Jennifer H. Rearden. The opinion does not provide a ruling on the merits of Jerome W. Dewald’s claims against The City of New York and the other defendants.

Effect of Reassignment

The court directed all counsel and the self-represented plaintiff to familiarize themselves with Judge Rearden’s individual rules and practices. Unless the court orders otherwise, all prior orders, dates, and deadlines remain in effect despite the reassignment. Conferences or oral arguments before, or directed by, a magistrate judge must proceed as previously ordered. Previously scheduled appearances or conferences before the district judge were adjourned until further notice.

Required Joint Status Letter

Within three weeks after the order was filed, the parties must confer and prepare a joint letter. The defendants must file the letter on the court’s electronic filing system and serve it on the self-represented plaintiff. The letter may not exceed five double-spaced pages.

The letter must address, as relevant, the following matters in separate paragraphs:

- Counsel’s names and current contact information. - The nature of the claims and principal defenses. - Why federal jurisdiction and venue are proper, including citizenship information if jurisdiction is based on the parties’ citizenship. - Existing deadlines, due dates, and cutoff dates. - Previously scheduled conferences or arguments that have not occurred and the issues they were expected to address. - Outstanding motions, including when they were filed and what relief they seek. - Any pending appeals. - Discovery completed so far, including depositions taken by each party and any remaining discovery needed for meaningful settlement discussions. - The status of prior settlement discussions, without revealing exact offers or demands. - Whether the parties have discussed alternative dispute resolution and whether a settlement conference, district mediation, or private mediator would be productive. - The estimated length of trial. - Any other information that could help the court move the case forward, including dispositive or novel issues.

Disposition and Classification

The court entered a procedural case-management order. It did not grant or deny a motion, dismiss any claim, enter judgment, or decide the underlying legal dispute. The order’s operative directives are the reassignment, continuation of existing deadlines and orders, adjournment of district-judge appearances, and required joint status letter. The attached individual rules and practices explain filing, communications, discovery, motions, conferences, trial preparation, and other procedures for the case.

The authoritative version

Read the full 21-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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