Betances v. Fischer et al

Filing 382

ORDER: As discussed at the case management conference held on April 19, 2023: To address the implications of the recent Second Circuit Vincent decision, the parties will proceed according to the following deadlines: Cross Motions due by 6/26/2023., Motions due by 5/25/2023., Responses due by 7/10/2023, Replies due by 7/24/2023. The briefing shall address at least the following issues: (i) the impediment/causation issue identified by the majority in Vincent, (ii) this Court's previous rul ing with respect to Nunc Pro Tunc class members, and (iii) implications for continuation as a class action for general loss-of-liberty damages. By May 1, 2023, the parties shall submit blackout dates of availability for trial of general loss-of-liberty damages in September, October, November, and December 2023. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/19/2023) Copies transmitted this date to all counsel of record. (ama)

Case 1:11-cv-03200-RWL Document 382 Filed 04/19/23 Page 1 of 2

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.
As discussed at the case management conference held on April 19, 2023:
1.

To address the implications of the recent Second Circuit Vincent decision,

the parties will proceed according to the following deadlines:
April 20, 2023

Plaintiffs shall serve limited contention interrogatories

May 4, 2023

Defendants shall serve answers to the interrogatories

May 18, 2023

If Plaintiffs believe that the answers to their interrogatories
warrant further factual discovery, they shall meet and confer with
Defendants and notify the Court of any proposed change in the
schedule

May 25, 2023

Plaintiffs shall file their opening brief for partial summary
judgment

June 26, 2023

Defendants shall file their opposition, and cross-motion, if any

July 10, 2023

Plaintiffs shall file their reply, and opposition to Defendants’
cross-motion

July 24, 2023

Defendants shall file their reply, if any, in support of their crossmotion

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Case 1:11-cv-03200-RWL Document 382 Filed 04/19/23 Page 2 of 2

2.

The briefing shall address at least the following issues:

(i) the

impediment/causation issue identified by the majority in Vincent, (ii) this Court’s previous
ruling with respect to Nunc Pro Tunc class members, and (iii) implications for continuation
as a class action for general loss-of-liberty damages.
3.

By May 1, 2023, the parties shall submit blackout dates of availability for

trial of general loss-of-liberty damages in September, October, November, and December
2023.
SO ORDERED.

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: April 19, 2023
New York, New York
Copies transmitted this date to all counsel of record.

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