Enlarged City School District of Middletown v. Pacific Employers Insurance…
Enlarged City School District of Middletown v. Pacific Employers Insurance Company
- Philip Halpern
- 7:22-cv-06391
- U.S. District Court · Southern District of New York
- 1
In Enlarged City School District v. Pacific Employers, Judge Halpern required a revised joint fact statement and adjourned the case-management conference.
The parties in the case, whose Rule 56.1 filings must be revised and jointly submitted by October 25, 2023; the scheduled case-management conference was also adjourned.
What happened
In Enlarged City School District of Middletown v. Pacific Employers Insurance Company, the court found that the parties’ fact statements did not comply with its rules for summary-judgment practice.
The court said it would not accept the statements attached to the parties’ pre-motion letters. It ordered the parties to meet, prepare one revised joint statement, and file it by October 25, 2023. The statement must include all parties’ facts, counterstatements, and responses, and must be no longer than 25 pages. The parties did not need to refile their pre-motion letters, but their responses were due with the revised statement.
Judge Halpern also adjourned the October 24, 2023 case-management conference without setting a new date. The order did not decide the parties’ underlying insurance dispute or any summary-judgment motion.
The detailed version
- Enlarged City School District of Middletown v. Pacific Employers Insurance… · No. 7:22-cv-06391
- Philip Halpern
- Oct. 11, 2023
Background
The parties had attached statements of facts to their pre-motion letters concerning anticipated summary-judgment practice. A Rule 56.1 statement is a filing that identifies the material facts a party says are undisputed, along with any opposing responses.
Court’s Order
The Court stated that it would not accept the Rule 56.1 statements attached to the parties’ pre-motion letters because they did not comply with the Court’s Individual Practices.
The Court ordered the parties to meet and confer and file a single revised joint Rule 56.1 Statement by October 25, 2023. The revised filing must include all parties’ statements of fact, counterstatements of fact, and responses to each statement. It must be limited to 25 pages and comply with the Court’s rules and the rules governing summary-judgment motion practice.
The parties were not required to refile their pre-motion letters. Their responses to those letters were due on October 25, 2023, together with the revised joint statement. The Court also adjourned the case-management conference scheduled for October 24, 2023, without setting a new date.
Effect of the Order
This was a case-management and filing-compliance order. It did not decide the merits of the insurance dispute, rule on a summary-judgment motion, or determine whether any fact was actually undisputed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.