Malone v. Pliler

Nature of the Order

This is a notice of reassignment and case-management order. The opinion does not decide the parties’ claims, defenses, jurisdiction, or any pending motion.

Reassignment and Existing Dates

The case was reassigned to Judge Rearden. Unless the court ordered otherwise, all prior orders, dates, and deadlines remained in effect. Any conference or oral argument before, or directed by, a magistrate judge was to proceed as previously ordered. Previously scheduled appearances or conferences before the district judge were adjourned pending further notice.

Required Status Letter

Within three weeks after the order was filed, the parties were ordered to confer and prepare a joint letter updating the court on the case’s status. The defendants were ordered to file the letter electronically and serve it on the plaintiff, who was proceeding without a lawyer. The letter could not exceed five double-spaced pages and was to address, as relevant:

- counsel’s names and current contact information; - the nature of the claims and principal defenses; - why federal jurisdiction and venue were proper, including required citizenship information for cases based on diversity jurisdiction; - existing deadlines and cutoff dates; - scheduled conferences or arguments that had 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; - possible alternative dispute-resolution methods, such as a settlement conference, mediation, or a private mediator; - the estimated trial length; and - any other information that could help move the case forward, including dispositive or novel issues.

If the case had been settled or otherwise terminated, the parties did not have to submit the joint letter or appear, provided that appropriate proof of termination was filed before the deadline.

Attached Individual Rules

The order included Judge Rearden’s rules for civil cases involving people without lawyers and her general civil-case rules. Among other things, the rules address communications with the court, filing and service of papers, discovery disputes, motions, case-management conferences, trial submissions, electronic devices, sealed or redacted filings, protective orders, and default judgments. The Clerk was directed to mail the order and the rules to Donald L. Malone.

Disposition and Classification

The court entered a procedural case-management order concerning reassignment and required status reporting. It did not grant or deny a merits motion and did not resolve the underlying dispute.