Ragbir et al v. Homan et al

Filing 131

ORDER: I will provisionally schedule the remanded issue for an evidentiary hearing on November 15, 2021 at 11:00 a.m., continuing from day to day if necessary. If, after reading the government's papers which are to be filed on November 8, I am of the view that the matter may likely be resolved without the need for an evidentiary hearing, I will vacate the hearing date. And as set forth herein. SO ORDERED., ( Evidentiary Hearing set for 11/15/2021 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/06/2021) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------x
RAVIDATH LAWRENCE RAGBIR, et al.,
Plaintiffs,
-against-

18-cv-1159 (PKC)
ORDER

THOMAS D. HOMAN, et al.,
Defendants.
-----------------------------------------------------------x
CASTEL, U.S.D.J.
The Court appreciates the filing of the October 1, 2021 letter by the
government. But it is hardly responsive to the Court’s Order. While I appreciate hearing the
government’s perception of the strength of its motion, that was not among the Court’s principal
points of interests as expressed in the Order. As this Court noted, “The Circuit remanded the
matter to this Court not because it considered this Court better equipped to read motion papers
but ‘[b]ecause the issue of mootness may require additional fact-finding. . . .’ Ragbir v Johnson,
18-1597 (2d Cir June 29, 2021).” The present dispute has its origins with a request by plaintiff
for a preliminary injunction and presently there is a stay in place. It is in the public interest that
the matter proceed to a prompt disposition.
I will provisionally schedule the remanded issue for an evidentiary hearing on
November 15, 2021 at 11:00 a.m., continuing from day to day if necessary. If, after reading the
government’s papers which are to be filed on November 8, I am of the view that the matter may
likely be resolved without the need for an evidentiary hearing, I will vacate the hearing date.

SO ORDERED.

Dated: New York, New York
October 6, 2021

-2-