| In Anonymous SDNY Case NYAG
and DOCCS Urged At Conference Sealed To Public
and Press
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Aug 15 – In the murky
case of "ABC v. DEF" on July
21 U.S. District Court for the
Southern District of New York
Judge Paul A. Engelmayer held
a proceeding. Inner City Press
covered it.
Judge Engelmayer to his credit
pushed back at the failure to
specify what witness Rosado
(seemingly, "SPO Richard
Rosado") would say. But he
also agreed to allow
redactions to the witness
list.
He
specified that summaries of
proposed testimony are due on
July 24 - while setting the
trial far out, for March 8,
2021.
Next a "List of
Witnesses" - for a presumably
public trial -- was filed. But
on Pacer for the Press it
says, "You do not have
permission to view this
document." So who does? Now
this:
"Re: Doe v. Lima
et al. (14-cv-2953) Dear Judge
Engelmayer: We write on
behalf of Plaintiffs John Doe,
Jane Doe, and M.S.
(“Plaintiffs”) regarding the
Court’s directive at the July
21, 2020 case management
conference that the parties
meet and confer and jointly
propose language regarding
referral of the
above-captioned matter to
mediation before Magistrate
Judge Cott. Following
the July 21 conference,
counsel for Defendants
notified Plaintiffs that their
position has changed since
agreeing at the conference to
file a joint submission.
Defendants relayed that
although they do not oppose a
request for mediation and
would attend any mediation
ordered by the Court, they are
unable to join affirmatively
in that request or to take a
position on proposed language
for the referral order.
Plaintiffs nonetheless
continue to believe that
mediation attended by
representatives of both the
New York State Department of
Corrections and Community
Supervision (“DOCCS”) and the
New York State Attorney
General (“NYAG”) may further a
potential negotiated
resolution of this case, as
discussed at the July 21
conference, and thus submit
the enclosed proposed order,
attached as Exhibit A, for the
Court’s consideration.
Although Plaintiffs have not
located any case authority
that speaks directly to
whether the Court may require
representatives of DOCCS or
the NYAG to participate in a
settlement conference, there
is good reason for the Court
to encourage strongly their
participation. New York Public
Officers Law § 17(b)(3)
mandates the involvement of
both agencies in settling
claims related to actions
taken by State employees
within the scope of their
public employment. The statute
requires DOCCS to certify any
proposed settlement to the
NYAG, who retains ultimate
authority to approve it and is
mandated to consider whether
such proposed settlement is in
the State’s “best interest.”
Id. Attendance by
representatives of these
agencies at a conference
before Judge Cott, where these
issues will be explored, thus
should be encouraged at the
least."
The case remains
captioned as ABC v. DEF,
14-cv-2953
(Engelmayer)
***
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