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  1. #1
    Join Date
    Apr 2020
    Posts
    22

    Default Corona Virus Order

    My question involves court procedures for the state of: New York

    Before the State Administrative Order restricting court filings to essential matters only -- (Civil matters = non-essentials), two motions were still in the briefing process. The case had been paused previously in order to have a negotiation mediated by the law clerk ordered by the court. The negotiations failed and a court order setting deadlines for both motions was issued. After the process was stopped by the coronavirus order, the other party offered to revisit the negotiations again inviting the clerk to participate although the clerk's mediation had already been labeled concluded by the clerk himself. The clerk appeared very biased again me in the new discussion and I called the negotiations off. The clerk apparently had some conversations with the judge and a new deadline amending order setting a new deadline for me to respond to the other party's motion while adjourning my motion without a date, to be restored to the calendar at a future date. The only reason given on the order "As a result of the public health emergency related to the Coronavirus". No other facts whatsoever are given as a reason. In the email which delivered the order, the law clerk states that following his conversations with the judge regarding the matter, the attached was issued, and to let him know if there are questions.

    This order will harm my position if the other party's motion is addressed and mine is addressed later. I feel that both motion must be addressed simultaneously. I need to know what can be done to stop the order. Will an appeal of the order stop its execution while the appeal is pending. It seems all communications with the clerk have to go through the same clerk. If I cannot stop the order, can I still supplement my motion as was allowed in the previous order, without violating the current order. Where can I go for help? What would the appeals procedure look like? a Notice filed with the current court first? As you can see, this is so confusing... it looks like I am dealing with an activist clerk taking advantage of my not using a lawyer, and avenging my not having settled when he asked me to. Please any help and guidance is wholeheartedly appreciated. Don't I need to know what facts the clerk presented to the judge so I can appeal properly? Isn't the order defective?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Corona Virus Order

    You've thrown in a lot of stuff that I don't think has a bearing on the other. First off, the mediation is just a tool to get the parties to resolve the issues out of the court. If you don't agree (with the clerk's help), you don't agree.

    Second, a deadline to respond is not the same as a decision to act on a motion. If you think that you have a point indicating that counters the other party's motion (whether it is supported by your own motion or not), you need to put that in a timely response.

  3. #3
    Join Date
    Apr 2020
    Posts
    22

    Default Re: Corona Virus Order

    Thanks... it just baffles me that the court would deem one motion as an essential matter and another not as essential while the administrative order spells out that civil matters are not essential... why not put off both motions until the court is authorized to resume addressing non-essential matters, or why not consider the entire case essential and amend all previous deadlines without putting my motion on the back burner....

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Corona Virus Order

    I'm not seeing how it has made any such determination. Just because they won't postpone a deadline on a previously filed motion while suspending action on an additional motion isn't such. Anything that requires an actual court appearance is likely suspended while they figure you (or the attorneys involved) can still continue to push paper.

    Anyhow, such complaints aren't made by whining to or about the clerks. It would seem that your answer is the right place to address the fact your motion needs addressing.

    Since you haven't given one shred of detail here, it's impossible to make any guess. Not all motions are equal to begin with.

  5. #5
    Join Date
    Apr 2020
    Posts
    22

    Default Re: Corona Virus Order

    I wish I could give more details but I really prefer not to give away hints to identity -- please forgive me. Both motions had been filed before any settlement negotiations were entertained, thus pausing the additional paper work on both motions. The Administrative order halted the filing of any new complaints and motions and the filing of any additional papers on non fully briefed motions. The order covered state-wide courts giving exceptions to essential cases and declaring all civil actions as non-essential unless the trial court deemed the case essential.
    Technically here, without regard as to whether the motions are equal, the court should have either declared the case essential and proceeded with both motions, or adjourned both motions until a new admin order terminates the current order.

    The court here does not state why it structured the order this way. I do not know the reason, but assuming that I do have a complaint, my question is "what is/are the vehicles that I have to make this complaint to get things corrected?", or is my answer to the other side's motion is the only vehicle available? I truly believe I am being wronged. My other question would be "since the clerk asked that we address all questions to him, would it be wise to ask him what facts he represented to the judge regarding the status of the case?" -- in his message, it was clear he initiated the conversations with the judge, and he says that based on these conversations regarding the status of the case, the judge issued the order.

    I appreciate your help. Thanks.

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