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S.D.N.Y.Procedural orderFiled Apr. 6, 2023

Chen v. Vilsack

Judge
Valerie Caproni
Docket
1:23-cv-01440
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Chen v. Vilsack, Judge Caproni granted defendants’ scheduling request and moved the initial conference to June 2, 2023.

Who this affects

The plaintiffs and defendants are affected by the revised litigation schedule. The initial pre-trial conference was moved from April 21 to June 2, 2023, and the deadline for the parties’ joint letter and case management plan was set for May 25, 2023.

What happened

In Chen et al. v. Vilsack, plaintiffs challenge certain policies and regulations concerning the Supplemental Nutrition Assistance Program under the Administrative Procedure Act. Defendants said they needed additional time to respond to the complaint and compile the agency record.

Defendants asked to postpone the April 21, 2023 initial conference and extend the deadline for the parties’ joint pre-conference letter. Plaintiffs’ counsel consented to the request.

Judge Valerie E. Caproni granted the application. She moved the initial conference to June 2, 2023, at 10:00 a.m., and set May 25, 2023, as the deadline for the parties’ joint letter and case management plan.

The detailed version

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

Case
Chen v. Vilsack · No. 1:23-cv-01440
Judge
Valerie Caproni
Date
Apr. 6, 2023

Background

The plaintiffs bring a claim under the Administrative Procedure Act concerning policies and regulations implemented by defendants Tom Vilsack, Secretary of the U.S. Department of Agriculture, and Cindy Long, Administrator of the Department’s Food and Nutrition Service. The opinion states that the plaintiffs allege these policies and regulations concerning the Supplemental Nutrition Assistance Program are not in accordance with the law.

Application

Defendants requested an adjournment of the initial pre-trial conference, which had been scheduled for April 21, 2023, and an extension of the deadline for the parties’ joint pre-conference letter. Defendants stated that they expected to answer or otherwise respond to the complaint by May 8, 2023, and were compiling the administrative record for the Administrative Procedure Act claim. Plaintiffs’ counsel consented to the request.

Ruling

Judge Valerie E. Caproni granted the application. The Court adjourned the initial pre-trial conference until June 2, 2023, at 10:00 a.m., and ordered that the parties’ joint letter and case management plan be filed by May 25, 2023. The order did not decide the merits of the plaintiffs’ Administrative Procedure Act claim.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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