Ludwigson v. The Roman Catholice Diocese of Brooklyn et al

Filing 43

MEMORANDUM AND ORDER. On May 20, 2015, the court heard plaintiff's 38 motion to place the case back on the trial calendar. The hearing was styled as a "motion to reopen the case." In fact, the case was never formally closed. It had been removed from the court's trial calendar. Based on oral argument and examination of the plaintiff, for the reasons stated orally on the record, and as a matter of equity and due process, the trial was placed back on the court's ca lendar. Jury selection by a magistrate judge will be held on July 13. Trial will commence on July 16, 2015 at 10:00 a.m. in Courtroom 10B South. Argument on in limine motions will be heard on July 7, 2015 at 10:00 a.m. in Courtroom 10B South. Plaintiff shall appear in person at the in limine hearing. By July 1, 2015 at 10:00 a.m., the parties shall submit proposed jury charges with verdict sheets, in limine motions, and supporting briefs. They s hall exchange and docket: (1) lists of pre-marked exhibits proposed for use at trial and stipulations regarding admissibility; (2) lists of potential witnesses together with brief summaries of proposed testimony; and (3) stipulations with respect to all undisputed facts. Copies shall be provided to the court. Ordered by Judge Jack B. Weinstein on 5/20/2015. (Barrett, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
FRANCES LUDWIGSON,

MEMORANDUM AND ORDER

Plaintiff,

14-CV-1212

- against -

HU

IN 01E
U.S. DISTRICT COURT E.D.N.y.

* MAY 212015 *

THE ROMAN CATHOLIC DIOCESE OF
BROOKLYN, OUR LADY OF HOPE
PARISH, MICHAEL KREBS & MICHAEL
A. CARRANO,

, BbOKLYN OFFICE
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Defendants.

JACK B. WEINSTEIN, Senior United States District Judge:
Trial was scheduled to commence on April 20, 2015. ECF No. 28, March 16, 2015.
On April 10, 2015, defendants informed the court that a settlement was agreed upon and
that a formally executed document would follow; they requested that trial be cancelled. ECF No.
37, April 10, 2015. The case was removed from the court's calendar.
On April 27, 2015, plaintiff requested that the trial be placed back on the court's calendar
for trial. ECF No. 38.
Plaintiff's counsel stated that plaintiff had changed her mind and had withdrawn her oral
consent. See H'rg Tr., May 20, 2015. She had decided not to settle. See ECF No.38 (noting that
the "parties had not memorialized anything in writing and no terms have been agreed upon");
Hr'g Tr., May 20, 2015. Defendants opposed, stating that "it was the clear representation from
Plaintiff through her Counsel that this matter had settled." ECF No. 39, April 28, 2015. See also
H'rgTr.

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On May 20, 2015, the court heard plaintiff's motion to place the case back on the trial
calendar. H'rg Tr. The hearing was styled as a "motion to reopen the case." See ECF Nos. 40,
42. In fact, the case was never formally closed. It had been removed from the court's trial
calendar.
Defendants opposed, relying on Winston v. Mediafare Entm 't Corp., 777 F.2d 78, 83 (2d
Cir. 1985) for the proposition that parties may enter into contracts without memorializing their
agreement in a full executed document and that a full, enforceable settlement had been entered
into.
At the May 20th hearing, the court heard oral argument from counsel for both sides, and
questioned the plaintiff. She appeared to be credible. She had decided to settle under severe
time pressure; needed much more money to protect her home from foreclosure; had been deeply
hurt emotionally and by loss of income; and needed a recovery as soon as possible. See H'rg Tr.
Based on oral argument and examination of the plaintiff, for the reasons stated orally on
the record, and as a matter of equity and due process, the trial was placed back on the court's
calendar.
Jury selection by a magistrate judge will be held on July 13. Trial will commence on July
16. 2015 at 10:00 a.m. in Courtroom 10 B South.
Argument on in limine motions will be heard on July 7. 2015 at 10:00 a.m. in Courtroom
1 OB South. Plaintiff shall appear in person at the in limine hearing.
By July 1, 2015 at 10:00 a.m., the parties shall submit proposed jury charges with verdict
sheets, in limine motions, and supporting briefs. They shall exchange and docket: (1) lists of
pre-marked exhibits proposed for use at trial and stipulations regarding admissibility; (2) lists of

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potential witnesses together with brief summaries of proposed testimony; and (3) stipulations
with respect to all undisputed facts. Copies shall be provided to the court.

B. Weinstein
ior United States District Judge
Date: May 2O,2015
Brooklyn, New York

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