Rodriguez et al v. Hayes et al

Filing 7

ORDER: The Court waives the Initial Pre-trial Conference and directs the parties to jointly complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said Scheduling Order shall be filed by July 2, 2024. After review and ap proval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Judith C. McCarthy for general pretrial purposes. The parties are directed to contact Judge McCarthy within seven (7) business days of the date of the Or der of Reference to schedule a conference. The Court directs Plaintiff to serve a copy of this Order on Defendant Hayes by June 11, 2024 and file proof of service on the docket. The Court additionally directs the Clerk of Court to add Defendant Haye s's address to the docket. Finally, Defendant Hayes may consider contacting the New York Legal Assistance Group's (NYLAG) Clinic for Pro Se Litigants in the Southern District of New York, which is a free legal clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil lawsuits in this court. The clinic is run by a private organization; it is not part of, or run by, the Court. It cannot accept filings on behalf of the Court, which must sti ll be made by any pro se party through the Pro Se Intake Unit). To receive limited-scope assistance from the clinic, parties may complete the clinic's intake form on their computer or phone at: https://tinyurl.com/NYLAG-ProSe-OI. If parties ha ve questions regarding the form or they are unable to complete it, they may leave a voicemail at [phone]. The Clinic is open on weekdays from 10 a.m. to 4 p.m., except on days when the Court is closed. A copy of the flyer with details of the clinic is attached to this Order. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/4/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------X

06/04/2024

CHRISTIAN RODRIGUEZ, et al.,
Plaintiffs,
- against -

ORDER
23 Civ. 10122 (NSR)

MAYA HAYES et al.,
Defendants.
--------------------------------------------------------------X
Román, D.J.:
The Court waives the Initial Pre-trial Conference and directs the parties to jointly
complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said
Scheduling Order shall be filed by July 2, 2024. After review and approval of the Scheduling Order,
the Court will issue an Order of Reference to Magistrate Judge Judith C. McCarthy for general
pretrial purposes. The parties are directed to contact Judge McCarthy within seven (7) business days
of the date of the Order of Reference to schedule a conference. The Court directs Plaintiff to serve
a copy of this Order on Defendant Hayes by June 11, 2024 and file proof of service on the docket.
The Court additionally directs the Clerk of Court to add Defendant Hayes’s address to the docket.
Finally, Defendant Hayes may consider contacting the New York Legal Assistance
Group’s (NYLAG) Clinic for Pro Se Litigants in the Southern District of New York, which is a
free legal clinic staffed by attorneys and paralegals to assist those who are representing
themselves in civil lawsuits in this court. The clinic is run by a private organization; it is not
part of, or run by, the Court. It cannot accept filings on behalf of the Court, which must still be
made by any pro se party through the Pro Se Intake Unit).

To receive limited-scope assistance from the clinic, parties may complete the clinic's intake form on
their computer or phone at: https://tinyurl.com/NYLAG-ProSe-OI. If parties have questions
regarding the form or they are unable to complete it, they may leave a voicemail at [phone].
The Clinic is open on weekdays from 10 a.m. to 4 p.m., except on days when the Court is closed.
A copy of the flyer with details of the clinic is attached to this Order.
SO ORDERED.
Dated:

June 4, 2024
White Plains, NY

Nelson S. Román, U.S.D.J.

UNITED STATES DISTRICT COURT

Rev. Jan. 2012

SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------x

CIVIL CASE DISCOVERY PLAN
Plaintiff(s),

AND SCHEDULING ORDER

- against -

Defendant(s).

CV

(NSR)

-------------------------------------------------------------x

This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel,
pursuant to Fed. R. Civ. P. 16 and 26(f):

1.

All parties [consent] [do not consent] to conducting all further proceedings before a
Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). The parties
are free to withhold consent without adverse substantive consequences. (If all parties
consent, the remaining paragraphs of this form need not be completed.)

2.

This case [is] [is not] to be tried to a jury.

3.

Joinder of additional parties must be accomplished by _______________________.

4.

Amended pleadings may be filed until _____________________.

5.

Interrogatories shall be served no later than ___________________, and responses thereto
shall be served within thirty (30) days thereafter. The provisions of Local Civil Rule 33.3
[shall] [shall not] apply to this case.

6.

First request for production of documents, if any, shall be served no later than
____________________.

7.

Non-expert depositions shall be completed by ____________________________.

a.

Unless counsel agree otherwise or the Court so orders, depositions shall not be held
until all parties have responded to any first requests for production of documents.

b.

Depositions shall proceed concurrently.

c.

Whenever possible, unless counsel agree otherwise or the Court so orders, non-party
depositions shall follow party depositions.

8.

Any further interrogatories, including expert interrogatories, shall be served no later than
_______________________.

9.

Requests to Admit, if any, shall be served no later than ______________________.

10.

Expert reports shall be served no later than ______________________.

11.

Rebuttal expert reports shall be served no later than ______________________.

12.

Expert depositions shall be completed by ______________________.

13.

Additional provisions agreed upon by counsel are attached hereto and made a part hereof.

14.

ALL DISCOVERY SHALL BE COMPLETED BY ______________________.

15.

Any motions shall be filed in accordance with the Court’s Individual Practices.

16.

This Civil Case Discovery Plan and Scheduling Order may not be changed without leave of
Court (or the assigned Magistrate Judge acting under a specific order of reference).

17.

The Magistrate Judge assigned to this case is the Hon.

.

18.

If, after entry of this Order, the parties consent to trial before a Magistrate Judge, the
Magistrate Judge will schedule a date certain for trial and will, if necessary, amend this Order
consistent therewith.

19.

The next case management conference is scheduled for _____________________, at
____________. (The Court will set this date at the initial conference.)

SO ORDERED.

Dated:
White Plains, New York

Nelson S. Román, U.S. District Judge

Since 1990, NYLAG has provided free civil legal services
to New Yorkers who cannot afford private attorneys.

Free Legal Assistance for Self-Represented Civil Litigants in
Federal District Court for the Southern District Of New York
The NYLAG Legal Clinic for Pro Se Litigants in the Southern District of New York is a free
legal clinic staffed by attorneys, law students and paralegals to assist those who are
representing themselves or planning to represent themselves in civil lawsuits in the
Southern District of New York. The clinic does not provide full representation. The clinic,
which is not part of or run by the court, assists litigants with federal civil cases including
cases involving civil rights, employment discrimination, labor law, social security benefits,
foreclosure and tax.

To Contact the Clinic:
Call [phone] or complete our online intake form (found here:
https://tinyurl.com/NYLAG-ProSe-OI). A staff member will contact you within a few
business days.
Those looking for assistance can also contact the clinic at the kiosk located across the hall
from the pro se clinic office in the courthouse.
At this time, the clinic offers remote consultations only. Requests for inperson appointments will be reviewed on a case-to-case basis.

Location and Hours:
Thurgood Marshall United States Courthouse
Room LL22
40 Foley Square
New York, NY 10007
[phone]
Open weekdays
10 a.m. – 4 p.m.
Closed on federal and court holidays
Disclaimer: The information contained herein is for informational purposes only and is not legal advice or a
substitute for legal counsel, nor does it constitute advertising or a solicitation.

Services Provided for Self-Represented Litigants in the Southern
District of New York
The NYLAG Legal Clinic for Pro Se Litigants in the Southern District of New York provides free limited legal
assistance to individuals who are representing themselves or planning to represent themselves in civil lawsuits
in federal court in Manhattan and White Plains. The clinic is staffed by attorneys, law students, and paralegals.
Information given to clinic staff is confidential.

Clinic Staff Can:

Clinic Staff Cannot:



















Advise on filing cases in federal court,
including on the issue of whether a case
should be filed in the Southern District of
New York or somewhere else;
Provide legal advice in response to questions
that come up at any stage of litigation;
Assist in getting additional information or
research into the legal issue in your case;
Review and explain court orders and filings
by your opponent, and provide an overview of
the federal legal process in civil cases
generally;
Assist with motions, discovery, and strategy;
Assist with getting ready for depositions,
pretrial conferences, mediations, and court
appearances;
Provide forms and instructions manuals;
In appropriate cases, help you retain pro bono
counsel;
In appropriate cases, represent you in a
mediation through the Southern District’s
Alternative Dispute Resolution Program, or a
court-ordered settlement conference;
In appropriate cases, represent you at a
deposition; and
In appropriate cases, provide referrals to
other agencies and organizations that provide
civil legal services and/or social services.

Use of the NYLAG Legal Clinic for Pro Se Litigants is separate from
any appointment of counsel by the court. A request for appointment
of counsel requires a separate application and the decision whether
to appoint counsel is entirely up to the court. Even if a litigant has
consulted with Clinic staff, unless they retain other counsel and that
counsel enters a notice of appearance, they remain unrepresented;
are responsible for doing whatever is necessary in connection with
the case; and must still submit all court papers to the Pro Se Intake
Unit, located in Room 105 of the Daniel Patrick Moynihan
Courthouse, 40 Foley Square, New York, New York, or by following
the court’s instructions for filing via email as a pro se litigant.










Assist with federal civil cases that belong in a
different federal court, such as the Eastern District of
New York, which covers of New York, which covers
Brooklyn, Queens, Staten Island, and Nassau and
Suffolk Counties;
Assist with an appeal of your federal case;
Assist with state court cases, bankruptcy court cases,
or criminal cases;
Pay any of the costs associated with filing or
defending a lawsuit in federal court;
File documents with the court on your behalf;
Appear on your behalf other than representation at a
mediation through the Southern District’s Alternative
Dispute Resolution Program, a court-ordered
settlement conference, or, in appropriate cases, a
deposition;
Write court documents for you; or
Conduct an investigation into the facts of your case.

Clinic Staff May Decline Assistance If:



NYLAG has already given advice to your opponent;



Providing assistance would conflict with the New York
Rules of Professional Conduct;



Your income and/or assets are high enough to allow you
to retain private counsel; or



NYLAG determines, in its professional legal judgement,
that (i) you have refused to cooperate with the Clinic’s
counsel or follow the Clinic’s advice; (ii) any assistance
would be unreasonably difficult for NYLAG to carry out;
or (iii) your case is or will become frivolous,
unreasonable, groundless, or without merit.

Your legal problem is beyond the scope of matters
handled by the clinic;

New York: Thurgood Marshall United States Courthouse | Room LL22 | 40 Foley Square | New York, NY 10007 | [phone] |
https://nylagoi.legalserver.org/modules/matter/extern_intake.php?pid=142&h=cea984&