Wood et al v. Mutual Redevelopment Houses, Inc. et al
| Tzvee Wood and Andrea Malester |
| Mutual Redevelopment Houses, Inc., The City of New York Department of Housing Preservation and Development, Penn South Cooperative Federal Credit Union, Carmen Santiago, Brendan Keany, Mabel Andujar, Jordan Villines, Michael Schwartz, Esq., Joseph Quigley, Morris Benjamin, Bette Levine, Matthew Barile, Marc Boddewyn, Jeanne F. Brennan, Gena Feist, Brian Hammerstein, Fran Kaufman, Irma P. Lobel, Linda Lowenstein, Walter Mankoff, Jack Raskin, Bridget Oteri Robinson, Robert Sikorski, Miriam Zwerin and John and Jane Does 1-10 |
| 1:2014cv07535 |
| September 17, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nassau |
| Debra C. Freeman |
| Analisa Torres |
| Housing/Accommodations |
| 42 U.S.C. ยง 405 |
| Plaintiff |
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Filing
374
ORDER re: 372 Letter,, filed by Andrea Malester, Tzvee Wood. Accordingly, Plaintiffs' request to correct the docket is DENIED. The Clerk of Court is directed to mail a copy of this order to Plaintiffs pro se. SO ORDERED. (Signed by Judge Analisa Torres on 9/15/2022) (kv)
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Filing
370
ORDER: Accordingly, the Court shall file the letter on the public docket. Turning to the substance of the letter, the Court GRANTS Plaintiffs request to seal a portion of the September 6, 2018 conference before the Honorable Debra C. Freeman. The C ourt has reviewed the audio file and finds that Judge Freeman excused opposing counsel and ordered that, should a transcript of the conference be made, the ex parte portion should be placed under seal. The portion of the recording that was ex parte b egins at 36:40 and ends at 55:15. Therefore, the Court orders two transcripts be created: (1) a transcript with the specified portion redacted, which shall be filed on the public docket; and (2) a transcript with the specified portion unredacted, whi ch shall be filed under seal and have restricted party view limited to the Court and Plaintiffs. The parties are directed to attach this order to any request to transcribe the conference. SO ORDERED. (Signed by Judge Analisa Torres on 6/30/2022) (kv)
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Filing
369
ORDER re: 368 Letter, filed by Andrea Malester, Tzvee Wood. The Court has reviewed the Plaintiffs letter dated May 16, 2022, at No. 14 Civ. 7535, ECF No. 368, No. 18 Civ. 726, ECF No. 126, and No. 19 Civ. 9563, ECF No. 100. First, Plaintiff s request that the Court search its records for information about three specific conferences, and, as to a February 14, 2018 conference before the undersigned, compel those present to provide sworn statements about the conference. The Honorable Debra C. Freeman (retired) searched her records for recordings of the specific conferences Plaintiffs previously requested, see, e.g., No. 14 Civ. 7535, ECF No. 366, and she was unable to locate any recordings. The Southern District of New York's Rec ords Management Department also conducted a search of Judge Freeman's recordings and was unable to locate the recordings Plaintiffs requested. See, e.g., No. 14 Civ. 7535, ECF No. 368 at 23. Further, this Court does not record conferences as a m atter of course. Conducting further searches of the Court's internal records for information beyond what is available on the public docket would an inappropriate use of the Court's resources. See, e.g., No. 14 Civ. 7535, ECF No. 367 at 2. A s to Plaintiffs request that the Court compel those present at the conferences to conduct such searches or provide statements, Plaintiffs provide no authority for this request and the Court shall not compel such actions. Accordingly, Plaintiffs reque sts are DENIED. Second, Plaintiffs' renewed request to file a letter for in camera review, is GRANTED because Plaintiffs assert that the filing relates to ex parte interactions between the Court, Plaintiffs, and Plaintiffs' former counsel, see, e.g., No. 14 Civ. 7535, ECF No. 368 at 5. By May 27, 2022, Plaintiffs shall file the letter with the Court. SO ORDERED. (Signed by Judge Analisa Torres on 5/24/2022) (kv)
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Filing
367
ORDER re: 365 Letter, filed by Robert Sikorski, Fran Kaufman, Jeanne F. Brennan, Brian Hammerstein, Mutual Redevelopment Houses, Inc., Bette Levine, Linda Lowenstein, Carmen Santiago, Morris Benjamin, Brendan Keany, Bridget Oteri Robi nson, Matthew Barile, Mabel Andujar, Irma P. Lobel, Jordan Villines, Marc Boddewyn, Gena Feist, 364 Letter, filed by Tzvee Wood, Andrea Malester, 366 Letter, filed by Tzvee Wood. The Court has reviewed the parties' submissions a t No. 14 Civ. 7535, ECF Nos. 36466, No. 18 Civ. 726, ECF No. 124, and No. 19 Civ. 9563, ECF Nos. 9698. First, Plaintiffs' request to file a letter for in camera review, No. 14 Civ. 7535, ECF No. 364, is DENIED. The Court construes this as a requ est to communicate with the Court ex parte made without giving the opposing party sufficient information to permit them to meaningfully object. See Parisi v. Rochester Cardiothoractic Assocs., 159 F.R.D. 406, 407 (W.D.N.Y.1995) (describing appropriat e procedure for in camera review). Should Plaintiffs persist in their wish to file an ex parte letter with the Court, by May 16, 2022, they shall file a letter with the Court describing the basis for their request. Should Defendants object to the req uest, they shall file their opposition by May 20, 2022. Second, Plaintiffs asks the Court to make two redactions to the transcript of a February 18, 2021 conference held before the Honorable Debra Freeman. No. 19 Civ. 9563, ECF No. 96. Defendants opp ose this request and ask that records sealed pursuant to Judge Freeman's February 18, 2021 order (the "Order"), No. 19 Civ. 9563, ECF No. 53, be unsealed. No. 19 Civ. 9563, ECF No. 97. The Court shall not disturb the Order, which expli citly stated that the records would be sealed "pending further order of the Court," No. 19 Civ. 9563, ECF No. 53. Despite further briefing on the matter, Judge Freeman did not revisit this decision, and, in fact, placed further filings unde r seal when proper application was made, even after the briefing contemplated in the Order was completed. See No. 19 Civ. 9563, ECF No. 80. This Court will not second guess Judge Freeman's determination, especially as the case is closed. The Cou rt, therefore, finds that the Order is still in place and governing. As Plaintiffs seek to redact portions of the transcript that fall within the ambit of the Order because they relate to a disability claimed by one if the Plaintiffs, the request for redactions is GRANTED. Defendants' request to unseal all records sealed under the Order is DENIED. Finally, Plaintiffs request that the Court identify records related to all conferences the Court has held in the three captioned cases. No. 14 Ci v. 7535, ECF No. 366, No. 18 Civ. 726, ECF No. 124, No. 19 Civ. 9563, ECF No. 98. This request is DENIED. The Court declines to conduct such a search because it would be an inappropriate use of the Court's resources. SO ORDERED. (Signed by Judge Analisa Torres on 5/5/2022) (kv)
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Filing
363
ORDER: The Court has reviewed the parties' submissions at ECF Nos. 361 and 362. The motion is DENIED as Plaintiffs have filed a notice to appeal, ECF No. 355, and an appeal has been docketed, Wood v. Mutual Redevelopment Houses, No. 14 Civ . 7535, 2021 WL 4197280 (S.D.N.Y. Sept. 14, 2021), appeal docketed, No. 21-2617 (2d Cir.). Fed. R. Civ. P. 62.1(a)(2). The Clerk of Court is directed to mail a copy of this order to Plaintiffs pro se. SO ORDERED. (Signed by Judge Analisa Torres on 12/3/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
358
ORDER: The Court has reviewed the parties' submissions at ECF Nos. 353, 356, and 357. Plaintiffs' motion to stay judgment, ECF No. 353, is DENIED as moot as Plaintiffs have filed a notice to appeal, ECF No. 355, and an appeal has been docketed, Wood v. Mutual Redevelopment Houses, No. 14 Civ. 7535, 2021 WL 4197280 (S.D.N.Y. Sept. 14, 2021), appeal docketed, No. 21-2617 (2d Cir.). Fed. R. Civ. P. 62.1(a)(2). Plaintiffs' request for additional time to compile with the Cour t's order at ECF No. 354, dated October 13, 2021, ECF No. 356, is DENIED as moot as an appeal has been docketed and the appeal record has been sent to the Second Circuit. Dkt. Entry dated October 18, 2021. The Clerk of Court is directed to mail a copy of this order to Plaintiffs pro se. SO ORDERED. (Signed by Judge Analisa Torres on 10/29/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
354
ORDER: The Court has reviewed Plaintiffs' submission at ECF Nos. 353. The Court's order dated September 23, 2021, ECF No. 350, is AMENDED as follows: By October 21, 2021, Plaintiffs may to file a letter attaching Exhibits 25, 26, 27a, and 2 7b to their opposition to Defendants' motion for summary judgment, ECF No. 334. Plaintiffs may refile only "Exhibits 25, 26, 27a, 27b, and any subparts thereof" as Plaintiffs have advised the Court that these specific exhibits "s uffered some filing issue." ECF No. 346. The letter and attachments must be in hard copy and must be hand delivered or mailed to Pro Se Intake. The address for Pro Se Intake is Clerk of Court, Attn. Pro Se Intake, 500 Pearl St., New York, Ne w York 10007. The Clerk of Court is directed to accept the letter and attachments and docket them. Additionally, by October 21, 2021, Plaintiffs may file, under seal, unredacted versions of the following exhibits to ECF No. 334: Exhibit 13, pages W F000019021947; Exhibit 20; Exhibit 25; and Exhibit 26, pages D0779810827 and D0082107012. Plaintiffs shall hand deliver the unredacted filing to Sealed Records and present a copy of this order. Sealed Records may be contacted at (212) 805-0700 for f urther instructions. By October 21, 2021, Defendants shall submit a letter on the docket indicating their position on whether the claims against Miriam Zwerin and Walter Mankoff are extinguished by their deaths and whether a stay is necessary under F ederal Rule of Civil Procedure 25(a)(1). The Clerk of Court is directed to mail a copy of this order to Plaintiffs pro se. SO ORDERED., ( Responses due by 10/21/2021) (Signed by Judge Analisa Torres on 10/13/2021) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
350
ORDER: Accordingly, Plaintiffs' request for oral argument, ECF No. 349, to strike ECF Nos. 275-7 and 275-13, ECF No. 348 at 46, and for a stay, id. at 4, 6, are DENIED as moot. Plaintiffs request to supplement their 56.1 statement, ECF No. 34 6 at 57, is DENIED. Plaintiffs' request to strike ECF Nos. 342 and 343, ECF No. 348 at 14, is DENIED. Plaintiffs' request to access the sealed portions of the docket, ECF No. 347, is DENIED. Plaintiffs' request to re-file a redacted version of ECF No. 334, ECF No. 346, is GRANTED. Plaintiffs shall file the redacted version of ECF No. 334 by October 5, 2021. Plaintiffs shall file the redacted versions in hard copy in the exact order they wish the documents to appear on the d ocket. Plaintiffs may not email the filing. Plaintiffs' request to redact portions Exhibit 13, pages WF000019021947; Exhibit 20; Exhibit 25; and Exhibit 26, pages D0779810827 and D0082107012 of Plaintiffs' opposition papers rather than f iling them under seal, ECF No. 346 at 25, is DENIED. Plaintiffs' opposition papers shall be filed on the public docket, with the exception of Exhibit 13, pages WF000019021947; Exhibit 20; Exhibit 25; and Exhibit 26, pages D0779810827 and D008 2107012, which shall be filed under seal. ECF No. 332. Plaintiffs request to file an unredacted version of ECF No. 334 under seal, ECF No. 346 at 5, is GRANTED. Plaintiffs shall file the unredacted version of ECF No. 334 by October 5, 2021. Plaint iffs shall hand deliver the unredacted filing to Sealed Records and present a copy of this order. Sealed Records may be contacted at (212) 805-0700 for further instructions. The Clerk of Court is directed to mail a copy of this order to Plaintiffs pro se. SO ORDERED. (Signed by Judge Analisa Torres on 9/23/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing
345
CLERK'S JUDGMENT re: 344 Order on Motion for Summary Judgment, in favor of Mutual Redevelopment Houses, Inc., Bette Levine, Brendan Keany, Brian Hammerstein, Bridget Oteri Robinson, Carmen Santiago, Fran Kaufman, Gena Feist, Irma P. Lobel, Jack Raskin, Jeanne F. Brennan, Jordan Villines, Linda Lowenstein, Mabel Andujar, Marc Boddewyn, Matthew Barile, Miriam Zwerin, Morris Benjamin, Robert Sikorski, Walter Mankoff against Andrea Malester, Tzvee Wood. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 14, 2021, Defendants' motion for summary judgment is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/15/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
344
ORDER granting 275 Motion for Summary Judgment; granting 277 Motion for Summary Judgment. For the foregoing reasons, Defendants' motion for summary judgment is GRANTED. The Clerk of Court is directed to terminate the motions at ECF Nos. 275 and 277, to mail a copy of this order, and all unpublished opinions cited therein, to Plaintiffs pro se, and to close the case. SO ORDERED.. (Signed by Judge Analisa Torres on 9/14/2021) (kv) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
332
ORDER denying without prejudice to renewal 328 Letter Motion to Seal. Accordingly, Plaintiffs' opposition papers shall be filed on the public docket, with the exception of Exhibit 13, pages WF000019021947; Exhibit 20; Exhibit 25; and Exhibit 26, pages D0779810827 and D0082107012, which shall be filed under seal. Defendants' application to unseal its motion papers at ECF No. 328 is DENIED without prejudice to renewal. Plaintiffs' request to file a surreply at ECF N o. 331 is GRANTED in part and DENIED in part. By August 13, 2021, Plaintiffs shall file any surreply, not to exceed 20 pages total, including all exhibits and attachments. No extensions will be granted. If Plaintiffs fail to meet this deadli ne, they will not be permitted to file a surreply. If Plaintiffs fail to comply with the page limitations, the Court will only consider the first 20 pages of their submission. The Clerk of Court is directed to mail a copy of this order to Plaintiffs pro se. SO ORDERED. (Signed by Judge Analisa Torres on 8/3/2021) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
326
ORDER granting 325 Letter Motion to Seal. GRANTED. The documents at issue contains highly personal information and shall be filed under seal. The Clerk of Court is directed to mail a copy of this order to Plaintiffs pro se. SO ORDERED.. (Signed by Judge Analisa Torres on 7/19/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
324
ORDER re: 309 Order. Accordingly, by July 19, 2021, Plaintiffs shall file their redacted opposition papers on the public docket and e-mail unredacted copies to Torres_NYSDChambers@nysd.uscourts.gov, in accordance with ECF No. 309, or othe rwise file their submissions publicly. Plaintiffs are reminded that failure to file a proper opposition may result in the Court considering Defendants' motion as unopposed and may result in dismissal of their case. Minus v. City of New York, 488 F. Supp. 3d 58, 63 (S.D.N.Y. 2020). Failure to comply with this order will result in Plaintiffs' opposition papers being filed on the public docket. The Clerk of Court is directed to mail a copy of this order to Plaintiffs pro se. SO ORDERED. ( Responses due by 7/19/2021) (Signed by Judge Analisa Torres on 7/12/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
309
ORDER. Plaintiffs' request for an extension of time to oppose Defendants' motion for summary judgment on this basis is DENIED. After a party submits an affidavit or declaration pursuant to Federal Rule of Civil Procedure 56(d), the Court wi ll then determine whether to (1) deny or defer consideration of the motion for summary judgment, (2) allow time to obtain affidavits, declarations, or take further discovery, or (3) issue any other appropriate order. Fed. R. Civ. P. 56(d)(1)(3). Plai ntiffs' request to receive guidance regarding how the Court will rule prior to submitting such an affidavit or declaration, therefore, is DENIED. Plaintiffs shall file digital media by mailing it to the Court's chambers at the Daniel Patric k Moynihan United States Courthouse, Courtroom 15D, 500 Pearl Street, New York, NY 10007, and shall serve it promptly by mail on Defendants. Plaintiffs request to redact their filings is GRANTED because the proposed redactions would prevent public di sclosure of confidential financial information, personally identifiable information, and medical information. Plaintiffs shall e-mail unredacted copies of the documents to Torres_NYSDChambers@nysd.uscourts.gov. Plaintiffs' request for addit ional pages to complete their opposition papers is DENIED. Plaintiffs shall comply with the Court's 30-page limitation. Individual Practices in Pro Se Cases Rule IV.D ("[A]ll memoranda of law accompanying any motion (including opposition br iefs) are limited to 30 pages"). Accordingly, Plaintiffs' request for an extension of time to oppose Defendants' motion for summary judgment on this basis is DENIED. The Clerk of Court is directed to mail a copy of this order to Plaintiffs pro se. SO ORDERED. (Signed by Judge Analisa Torres on 3/15/2021) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing
306
ORDER: The Court has reviewed the parties' submissions at ECF Nos. 30405. Federal Rule of Civil Procedure 56(d) provides for a request to be made by affidavit or declaration, not by separate motion. Fed. R. Civ. P. 56(d). Plaintiffs r epresent that multiple witnesses "who were to provide affidavits in opposing summary judgment have died from Covid-19." ECF No. 304 at 2. By March 8, 2021, Plaintiffs shall submit a letter to the Court identifying each witness who has passed, and attaching a death certificate, published obituary, or funeral announcement for each witness. After receiving this submission, the Court will determine whether to extend the parties' briefing schedule on Defendants' motion for summary judgment. The Clerk of Court is directed to mail a copy of this order to Plaintiffs pro se. SO ORDERED. (Signed by Judge Analisa Torres on 2/22/2021) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
302
ORDER denying 278 Motion. Accordingly, Plaintiffs request relief is DENIED. Plaintiffs' applications to reopen discovery and to reinstate certain defendants have been denied, which forecloses Plaintiffs' proposed amendments. Additio nally, Plaintiffs have demonstrated substantial undue delay in bringing their request to amend. Dluhos v. Floating & Abandoned Vessel, Known as New York, 162 F.3d 63, 69 (2d Cir. 1998) ("[A] motion to amend should be denied if there is... undue delay...." (internal quotation mark and citation omitted)). Accordingly, their request to amend their complaint is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 278 and to mail a copy of this order to Plaintiffs pro se. SO ORDERED.. (Signed by Judge Analisa Torres on 2/5/2021) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
293
ORDER re: 279 Letter,, filed by Andrea Malester, Tzvee Wood, 283 Letter, filed by Miriam Zwerin, Robert Sikorski, Fran Kaufman, Brian Hammerstein, Walter Mankoff, Mutual Redevelopment Houses, Inc., Bette Levine, Linda Lowenstein, Morris Benjamin, Carmen Santiago, Brendan Keany, Bridget Oteri Robinson, Matthew Barile, Mabel Andujar, Jordan Villines, Marc Boddewyn, Gena Feist, 285 Letter, filed by Tzvee Wood, Andrea Malester. The Court has reviewed the parties sub missions at ECF Nos. 279, 283, and 285. Accordingly, Plaintiffs' requested relief is DENIED. The Clerk of Court is directed to mail a copy of this order to Plaintiffs pro se. SO ORDERED. (Signed by Judge Analisa Torres on 1/7/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
265
ORDER terminating 259 Letter Motion for Discovery. For the reasons stated above, Plaintiffs' objections to Judge Freeman's order closing discovery are OVERRULED. Defendants' request for an extension of time to file a motion for summary judgment is GRANTED. By September 9, 2020, the parties shall submit a briefing schedule on Defendants' anticipated motion for summary judgment. The Clerk of Court is directed to terminate the motion at ECF No. 259 and mail a copy of this order to Plaintiffs pro se.. (Signed by Judge Analisa Torres on 8/5/2020) (mro) Transmission to Docket Assistant Clerk for processing.
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Filing
262
ORDER: Accordingly, given the short extension requested by Plaintiffs, and their status as pro se litigants, Plaintiffs' request to file a reply is GRANTED. By January 28, 2020, Plaintiffs shall file their reply, not to exceed five pages. Defe ndants shall make arrangements to provide a copy of the response on Plaintiffs by January 21, 2020. The Clerk of Court is also directed to mail a copy of this order to Plaintiffs pro se. (As further set forth in this Order.) (Replies due by 1/28/2020.) (Signed by Judge Analisa Torres on 1/16/2020) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing
253
ORDER: Having reviewed Plaintiffs' letter, ECF No. 252, requesting an extension of time to object to the Honorable Debra C. Freeman's November 19, 2019 order, ECF No. 249, it is hereby ORDERED that Plaintiffs' request is GRANTED. By December 26, 2019, Plaintiffs shall file any objections to Judge Freeman's order. No further extensions shall be granted absent compelling circumstances. The Clerk of Court is directed to mail a copy of this order to Plaintiffs pro se. (Signed by Judge Analisa Torres on 12/12/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing
249
ORDER denying 201 Letter Motion for Discovery. For the reasons stated above, discovery in this case is closed, and will not be reopened by this Court. Any pending motion by Plaintiffs to compel further document production from Defendants is denie d. Any request by any party to compel depositions is denied. Plaintiffs' request for leave to amend the Complaint is denied. Defendants' motion to quash certain subpoenas (Dkt. 201) is denied. This Court will not entertain any further disco very motions, including any motion to enforce any outstanding subpoenas. In light of the rulings herein, the Clerk of Court is directed to close the motion filed in this action at Dkt. 201. If the parties anticipate filing any summary judgment motion s, they are directed to confer and jointly to propose a briefing schedule no later than November 26, 2019. If no party plans to file a motion for summary judgment, then the parties should consult Judge Torres' Individual Practices in Pro Se Cases with respect to trial submissions. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 11/19/2019) Copies Mailed By Chambers. (kv)
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