Tonight, the Southern District posted a form to use for “related case” statements. It is available here. “Related case” statements are part of a new rule, effective January 1, in which a plaintiff seeking to have a case heard before the same judge as an earlier, “related” case must file a statement “stating clearly
Related Cases
New Rule: Three-Judge Committee to Have Power to Overrule “Related Case” Determinations [UPDATED]
In an article posted online this evening, the New York Times reports that the Southern District has adopted a new procedure governing related cases. According to the article, a party claiming a new suit is related to another must file a statement “stating clearly and succinctly the basis for the contention.” Any other party…
Second Circuit Denies Judge Scheindlin Intervention in Stop-and-Frisk Case and Explains Grounds for Her Removal
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
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…