A.
Office and Clerk of the Panel
The
Office of the Litigation Coordinating Panel (hereinafter "the
Panel") shall be located in the Supreme Court, New York County,
60 Centre Street, Room 148, New York, New York 10007. Papers and
proceedings before the Panel shall be filed in this office. The
Panel has designated Pablo Rivera as Clerk of the Panel. Parties may
communicate with the Clerk by mail, phone (212-748-5306), fax
(212-748-5312), or e-mail (PRivera@courts.state.ny.us).
B.
Applications
1.
When related actions are pending in the courts of the Unified Court
System in more than one judicial district, an application may be
made to the Panel for the issuance of an order of coordination
pursuant to Section 202.69 of the Uniform Rules for the Trial
Courts.
2.
The Justice before whom a related action is pending or an
Administrative Judge in whose district such an action is
pending may raise before the Panel the question of coordination
of related litigation pursuant to Section 202.69. The Justice or
Administrative Judge shall do so by submission to the Panel of a
letter application directed to the Office of the Panel. The letter
shall, to the maximum extent possible, identify all related actions
by caption, index number, and county where the actions are pending
and the attorneys for all parties therein.
The
Panel may also raise the question of coordination sua sponte
by order requiring all parties to show cause why coordination should
not be directed.
3.
The Clerk of the Panel shall transmit to counsel for all parties in
related actions, all assigned Justices therein, and all
Administrative Judges in counties in which a related action is
pending a copy of a letter application of the Justice or
Administrative Judge, or, where the Panel raises the issue on its
own, its order to show cause. The Clerk shall also advise counsel of
the schedule for the submission to the Panel of affidavits and
memoranda on the coordination issue.
4.
A party to a related action may apply for an order of coordination.
Such an application shall be brought on by notice of motion or,
if necessary as a result of exigent circumstances or other reasons,
by order to show cause, supported by affidavit, on notice to all
parties in all matters claimed to be related. The motion or order to
show cause shall be brought under the caption of the action,
but shall be returnable before the Panel. In applications brought on
by notice of motion, the applicant shall refer to this subdivision
of the Procedures of the Panel in lieu of a return date. A copy of
the moving papers shall also be submitted by the moving party to the
Justice to whom each matter claimed to be related is assigned. Upon
filing of a motion with the Clerk or in the order to show cause, the
Panel shall issue a briefing schedule on the application.
In
cases in which the parties consent to issuance of an order of
coordination, an application may be made by letter accompanied by a
stipulation of counsel for all parties. A copy of said letter shall
be served upon the Justice assigned to each case to be coordinated.
5.
Papers submitted in support of coordination shall identify, by
caption, index number and county in which the action is pending all
cases with respect to which coordination is sought and the names and
addresses of all counsel of record therein. The identification of
the cases shall appear at the top of the moving papers after the
caption of the case in which the application is being made unless
this format would be unduly cumbersome, in which event the listing
may be made an appendix to the application. The papers shall also
address the standards for coordination set forth in Section 202.69 B
(3).
6.
The papers on an application shall consist of papers in support of
coordination, in opposition, and in reply by the proponents. No
sur-reply papers shall be submitted without advance permission of
the Panel.
7.
An original and four copies of all papers concerning an application
for coordination, including a proposed order to show cause and
supporting papers, shall be filed with the Clerk of the Panel by
mail, express service, or personal delivery.
8
. With respect to each application, the Clerk of the Panel shall
assign a Panel case number and shall also effectuate assignment of a
no-fee index number by the County Clerk of the County of New York.
Upon completion of proceedings before the Panel, the Clerk shall
file all papers submitted to the Panel under the index number with
the County Clerk of the County of New York, who shall be the
permanent custodian of these records.
9.
An order to show cause may be signed by a single Justice of the
Panel on the Panel’s behalf.
C.
Oral Argument
The
Panel in its discretion may schedule oral argument of an application
for coordination. The Clerk of the Panel shall provide timely notice
thereof to counsel in all cases. If practical and convenient, the
Panel may direct that argument take place, in whole or in part, by
means of video conferencing technology.
D. Stay
Pending
a decision on an application, the Panel , or, if circumstances
require, a single Justice thereof on the Panel’s behalf, may issue
a stay of proceedings in any or all of the actions for which
coordination is sought. The Panel shall promptly inform the Justice
assigned to each related action of the issuance of the stay. Absent
such a stay, the pendency of an application before the Panel shall
not affect proceedings in the actions that are the subject of the
application.
E. Decision and Order
1. Issuance
of Decision and Order. Within
30 days from the submission of reply papers on an application or
from oral argument, whichever is later, the Panel shall issue a
written decision granting or denying the application and stating the
reasons therefor. If the Panel determines to grant the application,
it shall, within the same period, issue an order of coordination
identifying by caption, index number and county in which the action
is pending all actions that shall be coordinated; the number of
Coordinating Justices; and the county or counties in which the
coordination proceedings shall take place. The order may direct
coordination of, or otherwise address, other related actions
subsequently filed or not then before the Panel. The Coordinating
Justice or Justices shall be appointed pursuant to Section 202.69
(c) (1) of the Uniform Rules for the Trial Courts. The Clerk of the
Panel shall promptly (i) transmit a copy of the Panel’s decision
and order to each Justice assigned to an action to be coordinated
and the Administrative Judge of each county in which coordination of
proceedings is to take place and (ii) cause the decision and order
to be filed with the County Clerk of the County of New York for
entry.
2. Transfer
of Files. The Panel will provide a
mechanism for the transfer of all pending related actions that are
to be coordinated pursuant to decision and order of the Panel.
Specifically, the order of the Panel shall provide for prompt
service of a copy of the Panel’s decision and order upon the Clerk
of each court in which an action to be coordinated is pending and
upon the Clerk of the court or courts in which the coordination
proceedings shall take place and said order shall direct each Clerk
to forward the file in each action to be coordinated to the Clerk of
the county in which coordination proceedings with respect to that
action are to take place. Where the decision and order of the Panel
direct that there shall be coordination of actions subsequently
filed, the order will provide a similar mechanism to assure
expeditious transfer of files to the county in which coordination
proceedings are occurring.
3. Administrative
Nature of Decision and Order. The
determinations of the Panel are purely administrative in nature.
Hence, no appeal lies therefrom and none is provided for in Section
202.69.
F. Subsequently-Filed Actions and Pending Actions Not Included in
the Panel’s Order
1.
The following procedures shall apply to any action that is related
to actions being coordinated pursuant to an order of the Panel and
that (i) was commenced subsequent to the issuance of said order,
whether the order expressly provides for coordination of such
subsequently-filed actions or not, or (ii) was pending at the time
the application for coordination was submitted to the Panel but was
not included in that application. If a party to any such action
seeks coordination of that action on the basis of the Panel’s
order, counsel for said party shall, promptly after filing of an
appearance by counsel for defendants, serve a notice requesting
coordination and a copy of the decision and order of the
Panel upon all other counsel in the action, the Justice
assigned thereto, and the Coordinating Justice. The action shall
proceed as a coordinated matter in accordance with the directions of
the Panel's decision and order unless, within 21 days from said
service, an objection is raised by counsel for a party to the action
that that case does not properly fall within the ambit of the Panel’s
decision and order. In the event such an objection is raised, an
application for an order directing coordination shall promptly be
made to the Panel by the proponent of coordination in accordance
with the procedures set forth in Paragraph B (4).
2.
If no objection is filed within the period set forth in subdivision
1 of this Paragraph, then within 21 days thereafter or, if an
objection is timely filed, within 21 days after a determination by
the Panel that coordination of the action in question shall take
place in accordance with a previous decision and order of the Panel,
counsel for the proponent shall serve upon the Clerk of the court in
which such action is pending, the Justice assigned to such action,
and the Coordinating Justice (i) a copy of the original decision and
order of the Panel and (ii) either an affidavit setting forth that
21 days have passed without objection to coordination having been
raised as provided herein or a copy of a decision and order of the
Panel resolving pursuant to this paragraph any dispute about
coordination of the action. The Panel shall provide for expeditious
transfer of the file by the Clerk of the court of origin to the
court in which the coordination proceedings are taking place.
G. Termination
Pursuant
to Section 202.69 (d) of the Uniform Rules for the Trial Courts, the
Coordinating Justice may terminate coordination, in whole or in
part, upon completion of coordination or upon a determination that
the purposes of Section 202.69 can be best advanced by termination.
H. Effective Date
These
procedures shall be effective as of the date set forth below.
Dated:
New York, New York
June 2, 2003
