Cassell v. United States of America

Background

The Government, represented by the United States Attorney’s Office for the Southern District of New York, asked the court to adjourn the initial pretrial conference and related filing deadlines. The case includes a claim under the Federal Tort Claims Act, a federal law that permits certain tort claims against the United States.

The conference had been scheduled for June 28, 2023, with the parties’ joint status letter and proposed case-management plan due June 21, 2023. The Government requested a postponement of 30 days or a later date, with the filings due one week before the conference. The letter stated that the plaintiff consented to the request.

Reasons for the Request

The Government said it had only recently been served with the complaint and that the Postal Service needed additional time to review the complaint, gather information, and provide it to the Government’s lawyers. It also said that Alex Kristofcak, who was expected to become lead counsel after joining the United States Attorney’s Office in early July, should be present at the initial conference. Finally, the Government noted that its response to the complaint was not due until July 21, 2023, and argued that scheduling the conference after that deadline would promote efficient case management.

The letter also argued that the United States Postal Service and its driver, Loucretia Austin, were not proper defendants under the Federal Tort Claims Act and asked the court to dismiss the claims against them. The text provided does not show that the court ruled on that request.

Ruling

Judge Lorna G. Schofield’s order states, “Application GRANTED.” The court adjourned the initial pretrial conference to August 2, 2023, at 4:20 p.m., and ordered the parties to file their joint letter and proposed case-management plan by July 26, 2023. The order addressed the scheduling request; the provided text does not show a ruling on the proposed dismissal of the Postal Service or Austin.