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Volokh Conspiracy

Long Island Federal Court Coronavirus-Related Order

An interesting order today from Magistrate Judge James Orenstein.

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To allow for disruptions associated with the COVID-19 pandemic, I stay all proceedings before me for six weeks, until April 20, 2020.

In the coming days, I will enter an amended scheduling order in each civil case assigned to me for pretrial supervision. As of the date of this order, however, all conferences currently scheduled before me in civil cases are adjourned to the same weekday and time six weeks after the originally scheduled date. For example, a conference scheduled for Monday, March 9, 2020, at 9:30 a.m. would be rescheduled for Monday, April 20, 2020, at 9:30 a.m.

I recognize that there may be some cases in which parties may believe that some or all of the litigation requires greater urgency. This order is without prejudice to the right of any party in any case to seek reconsideration or an alternate form of scheduling relief. However, before making any such motion, I respectfully direct the movant to confer with all other parties to the case and discuss ways to ensure that all persons involved in the litigation, as well as their colleagues, can take appropriate steps to safeguard their own health as well as the health of the community.

The purpose of this order is to remove, to the extent I can, any pressure on participants in the cases before me to prioritize the needs of the litigation over the more urgent need to promote public health.