On Monday, Judge Karas granted in part and denied in part the parties’ cross-motions for summary judgment of a Section 1983 claim by Santander against the City of Yonkers, relating to the impounding and subsequent sale of a vehicle on which Santander held a lien. In a footnote, the court noted that defendants failed to submit a 56.1 statement in support of their motion for summary judgment and that their 56.1 counterstatement had numerous deficiencies. The court declined to deny summary judgment on these grounds, but broadly discredited defendants’ denials and cautioned the parties against ignoring compliance with local rules.Continue Reading Judge Karas: Compliance with Local Rules “Not a Matter to be Taken Lightly”
Local Rules
Updated Local Rules Go Into Effect Today
By Charles Michael on
Amendments to the SDNY local rules are effective as of today. The changes can be seen in redline here. The following are a few of the more notable changes:Continue Reading Updated Local Rules Go Into Effect Today
Second Circuit Denies Judge Scheindlin Intervention in Stop-and-Frisk Case and Explains Grounds for Her Removal
By Charles Michael on
The Second Circuit issued two orders today concerning the removal of Judge Scheindlin from the stop-and-frisk litigation. In the first Order, the Second Circuit ruled that she lacked standing to intervene to seek to vacate the ruling removing her:
We know of no precedent suggesting that a district judge has standing before an appellate court to protest reassignment of a case. While a district judge may believe that he or she has expended a great deal of effort and energy on a case, only to see it reassigned, reassignment is not a legal injury to the district judge.
NYC Moves to Vacate Stop-and-Frisk Rulings; Argues That Judge Scheindlin Improperly Deemed New Case “Related” to Closed One
By Charles Michael on
The Second Circuit panel that removed Judge Scheindlin from the stop-and-frisk case cited her “improper application of the Court’s ‘related case rule,’” without further explanation. In a motion filed late this evening asking the Second Circuit to vacate Judge Scheindlin’s orders, New York City argued that Judge Scheindlin violated the related case rule, which the…