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S.D.N.Y.Procedural orderFiled Feb. 7, 2023

Liu v. The Nielsen Company LLC

Judge
Rearden
Docket
1:22-cv-09084
Court
U.S. District Court · Southern District of New York
Pages
21
Civil ProcedurePro Se
In one sentence

In Liu v. Nielsen, Judge Rearden reassigned the case, kept existing deadlines, and ordered a joint status letter without deciding the claims.

Who this affects

The order affects Frank Liu, identified as the pro se plaintiff, and The Nielsen Company (US) LLC and the other defendants. It also affects the parties’ counsel, existing deadlines, scheduled appearances, and future case-management filings.

What happened

Liu v. The Nielsen Company (US) LLC concerns a case reassigned to Judge Jennifer H. Rearden in the Southern District of New York. The order does not describe the claims’ merits or decide which side is right.

The court said that all earlier orders, dates, and deadlines remain in effect unless it orders otherwise. Previously scheduled appearances or conferences before the district judge were postponed, while proceedings before or directed by a magistrate judge would continue as scheduled.

Judge Rearden ordered the parties to file a joint status letter within three weeks. The letter must address matters including the claims and defenses, jurisdiction and venue, deadlines, pending motions or appeals, 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
Liu v. The Nielsen Company LLC · No. 1:22-cv-09084
Judge
Rearden
Date
Feb. 7, 2023

Nature of the Order

This is an administrative case-management order titled “Notice of Reassignment.” The court reassigned the case to Judge Jennifer H. Rearden. The opinion does not state the substance of Frank Liu’s claims or The Nielsen Company (US) LLC’s defenses, and it does not resolve any claim.

Effect of Reassignment

Unless the court orders otherwise, all earlier orders, dates, and deadlines remain effective despite the reassignment. Any conference or oral argument before, or directed by, a magistrate judge will proceed as previously ordered. Previously scheduled appearances or conferences before the district judge were postponed until the court provides further notice.

Required Joint Status Letter

The parties must file a joint letter within three weeks after the order was filed. The letter may not exceed five double-spaced pages and must separately address, when relevant:

- counsel’s names and current contact information; - a brief description of the claims and principal defenses; - why federal jurisdiction and venue are proper, including required citizenship information for entities in cases based on diversity jurisdiction; - existing deadlines and cutoff dates; - previously scheduled but not yet held conferences or arguments; - outstanding motions and the relief they seek; - pending appeals; - discovery completed and remaining discovery needed for meaningful settlement discussions; - the status of settlement discussions without revealing exact offers or demands; - whether alternative dispute resolution may be productive; - the estimated trial length; and - any other information that could help the court move the case forward.

If the case had already been settled or otherwise terminated, the parties would not need to file the joint letter or appear if they filed appropriate proof of termination before the deadline.

Additional Instructions

The order directed the Clerk of Court to mail the order and Judge Rearden’s individual rules for civil cases and civil cases involving parties without lawyers to Frank Liu. The attached rules provide procedures for communications, filings, discovery disputes, motions, conferences, trial materials, sealing, and default judgments. Those rules are instructions for handling the case and are not rulings on the parties’ claims.

Disposition

The court reassigned the case, maintained existing orders and deadlines, postponed district-judge appearances pending further notice, and ordered the joint status letter. It did not grant or deny a merits motion and did not enter judgment on the claims.

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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