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S.D.N.Y.Procedural orderFiled Apr. 22, 2024

Harvey v. Permanent Mission of The Republic of Sierra Leone to the United…

Full caption

Harvey v. Permanent Mission of The Republic of Sierra Leone to the United Nations

Judge
Edgardo Ramos
Docket
1:21-cv-04368
Court
U.S. District Court · Southern District of New York
Pages
2
DiscoveryCivil Procedure
In one sentence

In Harvey v. Permanent Mission, Judge Ramos lifted the discovery stay and scheduled a conference about counsel’s withdrawal and discovery.

Who this affects

Janet Harvey, Joseph Harvey, the Permanent Mission of the Republic of Sierra Leone to the United Nations, and the other parties involved in discovery were affected by lifting the stay and scheduling the conference.

What happened

In Harvey v. Permanent Mission of the Republic of Sierra Leone to the United Nations, Janet Harvey and Joseph Harvey asked the court to lift the discovery stay and set a schedule for the case.

They also requested a conference about the Mission’s lawyers’ expected request to withdraw. The request followed the Second Circuit’s decision affirming that the Foreign Sovereign Immunities Act did not prevent the lawsuit and that the court had jurisdiction.

Judge Edgardo Ramos lifted the stay as to the Mission and scheduled a telephone conference for May 7, 2024, to address the lawyers’ withdrawal request and the status of discovery. The clerk was directed to terminate motions 196 and 197.

The detailed version

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

Case
Harvey v. Permanent Mission of The Republic of Sierra Leone to the United… · No. 1:21-cv-04368
Judge
Edgardo Ramos
Date
Apr. 22, 2024

Background

The plaintiffs’ letter stated that discovery had been stayed while the Mission appealed the court’s denial of its motion to dismiss the amended complaint. The letter further stated that the Second Circuit had affirmed the court’s conclusion that the Foreign Sovereign Immunities Act did not bar the lawsuit because the conduct underlying the claims qualified as commercial activity.

The plaintiffs asked the court to lift the stay, establish a schedule for the rest of the case, and hold a status conference concerning Foley Hoag’s anticipated motion to withdraw as the Mission’s counsel. They also asked the court to require the Mission to obtain new counsel promptly if withdrawal were allowed. The plaintiffs’ letter described their allegations concerning the Mission’s renovation of its headquarters and the continuing delay, but the order did not decide those allegations.

Ruling

Judge Edgardo Ramos lifted the discovery stay as to the Mission. The court scheduled a telephone conference for May 7, 2024, at 10:30 a.m. to address Foley Hoag’s motion to withdraw and the status of discovery after resolution of the interlocutory appeal. The clerk was directed to terminate motions at docket numbers 196 and 197. The order did not state that the motion to withdraw was granted or denied.

The authoritative version

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

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