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S.D.N.Y.Procedural orderFiled Feb. 28, 2023

Hooks v. The City of New York

Judge
Rearden
Docket
1:21-cv-10771
Court
U.S. District Court · Southern District of New York
Pages
21
Civil ProcedurePro Se
In one sentence

In Hooks v. The City of New York, Judge Rearden reassigned the case and ordered a status letter while keeping existing orders and deadlines in place.

Who this affects

The order affects Wesley Alexander Hooks, who is identified as proceeding without a lawyer, the defendants, their counsel, and the magistrate judge handling any previously ordered proceedings.

What happened

Hooks v. The City of New York was reassigned to Judge Jennifer H. Rearden in the Southern District of New York. The opinion does not describe the claims or defenses in detail.

The court kept all earlier orders, dates, and deadlines in effect. Previously scheduled appearances or conferences before the district judge were postponed, but proceedings before or directed by a magistrate judge were to continue as ordered.

Judge Rearden ordered the parties to confer and prepare a joint status letter within three weeks. The defendants must file it and serve it on the pro se plaintiff, and the letter must address the case’s claims, defenses, schedule, motions, discovery, settlement discussions, and other case-management matters.

The detailed version

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

Case
Hooks v. The City of New York · No. 1:21-cv-10771
Judge
Rearden
Date
Feb. 28, 2023

Nature of the Order

This is a notice of reassignment and case-management order, not a decision on the merits of the claims. The opinion states that the case was reassigned to Judge Jennifer H. Rearden. It identifies Wesley Alexander Hooks as the plaintiff and The City of New York and other defendants as the defendants.

Effect of Reassignment

Unless the court orders otherwise, all prior orders, dates, and deadlines remain in effect 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 from the court.

The court directed all counsel and the pro se plaintiff to familiarize themselves with Judge Rearden’s individual rules and practices, including the rules for civil cases involving a party without a lawyer.

Required Joint Status Letter

Within three weeks after the order was filed, the parties must confer and prepare a joint letter updating the court on the case’s status. The defendants must file the letter electronically and serve it on the pro se plaintiff. The letter may not exceed five double-spaced pages.

To the extent relevant, the letter must separately address:

- the names and current contact information of counsel; - the nature of the claims and principal defenses; - why federal jurisdiction and venue are proper, including required citizenship information in diversity cases; - all existing deadlines and cutoff dates; - previously scheduled but incomplete conferences or arguments; - outstanding motions, including when they were filed and the relief sought; - pending appeals; - discovery completed and remaining discovery needed for meaningful settlement discussions; - the status of settlement discussions without revealing exact offers or demands; - discussions about mediation or other alternative dispute-resolution options; - the estimated length of trial; and - any other information that could help the court move the case forward, including dispositive or novel issues.

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.

Additional Instructions

The order directs the Clerk of Court to mail the order and Judge Rearden’s individual rules to the pro se plaintiff. The attached rules explain procedures for communications, filing papers, discovery disputes, motions, conferences, trial preparation, sealed filings, protective orders, and default judgments. They also state that a pro se party must keep a current mailing address on file and that failure to do so may result in dismissal of the party’s claims.

Disposition and Classification

Judge Rearden did not grant or deny a motion, dismiss any claim, enter judgment, or decide the parties’ underlying legal dispute. The order instead addressed reassignment and case administration. It is therefore classified as a procedural order.

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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