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S.D.N.Y.Procedural orderFiled Feb. 26, 2024

Pitcher v. Union Carbide Corporation

Judge
Garnett
Docket
1:22-cv-09813
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Pitcher v. Union Carbide, Judge Garnett reassigned the case and ordered counsel to file a joint status letter by March 12, 2024.

Who this affects

Counsel for all parties in the case, who must file the joint status letter and comply with the court’s case-management requirements.

What happened

In Pitcher v. Union Carbide Corporation, the case was reassigned to Margaret M. Garnett, who stated that existing orders, dates, and deadlines would remain in effect unless changed.

The court ordered counsel for all parties to file a joint letter by March 12, 2024, describing the case, jurisdiction and venue, deadlines, motions, appeals, discovery, settlement discussions, possible mediation, estimated trial length, and other information that could help move the case toward settlement or trial.

Judge Garnett also stated that counsel must follow her individual rules and that extension or adjournment requests must be made by letter-motion. The notice did not decide the underlying claims.

The detailed version

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

Case
Pitcher v. Union Carbide Corporation · No. 1:22-cv-09813
Judge
Garnett
Date
Feb. 26, 2024

Procedural Background

The case, brought by John Pitcher and Carolyn Pitcher against Union Carbide Corporation and other defendants, was reassigned to Judge Margaret M. Garnett. The court stated that, unless it later orders otherwise, all prior orders, dates, and deadlines remain effective after the reassignment.

Order for Joint Status Letter

The court ordered counsel for all parties to file a joint letter on the electronic filing system by March 12, 2024. The letter may not exceed five pages, except that lengthy information about the citizenship of entities may be placed in an appendix outside the page limit.

The letter must provide:

- Counsel’s names and current contact information; - A brief description of the case, principal defenses, and major legal and factual issues; - The basis for federal jurisdiction and venue, including citizenship information required for diversity jurisdiction; - All existing deadlines and cutoff dates; - A description of outstanding motions and the relief requested; - A statement and description of any pending appeals; - Details about completed and remaining discovery, including the number of depositions taken by each party; - A brief description of prior settlement discussions without exact offers or demands; - The parties’ views on possible alternative dispute-resolution methods, including a settlement conference, the District’s Mediation Program, or a private mediator; - An estimate of the trial length; and - Any other information that could help the court move the case toward settlement or trial.

If the case had already been settled or otherwise terminated, the court stated that counsel did not need to file the letter or appear, as long as proof of termination was filed before the deadline. The court also stated that requests for extensions or adjournments may be made only through a letter-motion filed electronically.

Disposition and Effect

This was a procedural case-management order. Judge Garnett reassigned the case and ordered the joint status update; the order did not address the merits of the parties’ claims or defenses.

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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