Betances v. Fischer et al

Filing 379

ORDER: The Court has reviewed the letter submissions from the parties regarding the potential impact of the Second Circuit's recent Vincent decision on this case, including the impending class trial on general damages for loss of l iberty. (See Dkts. 375-78.) One thing that is clear from the submissions is that a number of issues require further exploration; even Plaintiffs ask to adjourn the trial for expedited briefing and resolution of a summary judgment m otion. Accordingly, (1) trial, currently scheduled to start on May 9, 2023, is adjourned to a date to be determined; and (2) the Court will hold a case management conference to discuss issues raised by the parties' l etters and the procedural path forward. Prior to the case management conference, the parties shall meet and confer regarding the next procedural steps (e.g., further briefing, discovery, etc.) and, at least two days prior to the conference, joi ntly file a status report as to the parties' positions in that respect. My Deputy Clerk will coordinate with the parties to schedule a date for the conference. Copies transmitted this date to all counsel of record. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/6/2023) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
PAUL BETANCES, et al.,
:
:
Plaintiffs,
:
:
- against :
:
BRIAN FISCHER, in his capacity as
:
Commissioner of the New York State
:
Department of Correctional Services (DOCS), :
and in his individual capacity, et al.,
:
:
Defendants.
:
---------------------------------------------------------------X


11-CV-3200 (RWL)
ORDER

ROBERT W. LEHRBURGER, United States Magistrate Judge.
The Court has reviewed the letter submissions from the parties regarding the
potential impact of the Second Circuit's recent Vincent decision on this case, including
the impending class trial on general damages for loss of liberty. (See Dkts. 375-78.) One
thing that is clear from the submissions is that a number of issues require further
exploration; even Plaintiffs ask to adjourn the trial for expedited briefing and resolution of
a summary judgment motion. Accordingly, (1) trial, currently scheduled to start on May
9, 2023, is adjourned to a date to be determined; and (2) the Court will hold a case
management conference to discuss issues raised by the parties' letters and the
procedural path forward. Prior to the case management conference, the parties shall
meet and confer regarding the next procedural steps (e.g., further briefing, discovery,
etc.) and, at least two days prior to the conference, jointly file a status report as to the
parties' positions in that respect. My Deputy Clerk will coordinate with the parties to
schedule a date for the conference.

1

SO ORDERED.

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: April 6, 2023
New York, New York
Copies transmitted this date to all counsel of record.

2