Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Application. This section shall apply when related actions are pending in the
courts of the Unified Court System in more than one judicial district and it
may be appropriate for these actions to be coordinated pursuant to the criteria
and procedures set forth in this section. Coordination pursuant to this section
shall apply to pretrial proceedings, including dispositive motions.
(b) Litigation coordinating
panel.
(1) Composition. The
Chief Administrator of the Courts, in consultation with the Presiding Justice
of each Appellate Division, shall create a Litigation Coordinating Panel
composed of one justice of the Supreme Court from each judicial department of
the State.
(2)
Procedure. The panel shall determine, sua sponte or upon application of a party
to an action, a justice before whom such an action is pending, or an
administrative judge, whether the related actions should be coordinated before
one or more individual justices. The panel shall provide notice and an
opportunity to be heard to all parties to the actions sought to be coordinated
and shall inform the justices before whom such actions are pending of the
initiation of proceedings before the panel.
(3) Standards for coordination. In
determining whether to issue an administrative order of coordination, the panel
shall consider, among other things, the complexity of the actions; whether
common questions of fact or law exist, and the importance of such questions to
the determination of the issues; the risk that coordination may unreasonably
delay the progress, increase the expense, or complicate the processing of any
action or otherwise prejudice a party; the risk of duplicative or inconsistent
rulings, orders or judgments; the convenience of the parties, witnesses and
counsel; whether coordinated discovery would be advantageous; efficient
utilization of judicial resources and the facilities and personnel of the
court; the manageability of a coordinated litigation; whether issues of
insurance, limits on assets and potential bankruptcy can be best addressed in
coordinated proceedings; and the pendency of related matters in the Federal
courts and in the courts of other states. The panel may exclude particular
actions from an otherwise applicable order of coordination when necessary to
protect the rights of parties.
(4) Determination.
(i) The panel shall issue a written
decision on each application. If the panel determines to direct coordination,
it shall issue an administrative order identifying the actions that shall be
coordinated. The order may address actions subsequently filed or not otherwise
then before the panel.
(ii) The order of the panel shall specify
the number of Coordinating Justices and the county or counties in which the
coordinated proceedings shall take place. In making this decision, the panel
shall consider, among other things, the venues of origin of the cases to be
coordinated; whether the actions arise out of an accident or events in a
particular county; judicial caseloads in prospective venues; fairness to
parties; the convenience of the parties and witnesses; the convenience of
counsel; and whether the purposes of this section can best be advanced by
coordination before more than one Coordinating Justice.
(c) Coordinating
Justice.
(1) Designation. The
Administrative Judge charged with supervision of the local jurisdiction within
which coordinated proceedings are to take place shall select the Coordinating
Justice or Justices, in consultation with the appropriate Deputy Chief
Administrative Judge. In deciding whom to designate, the Administrative Judge
shall consider, among other things, the existing caseload of each prospective
appointee and the overall needs of the court in which that justice serves; the
familiarity of that justice with the litigation at issue; the justice's
managerial ability; and the previous experience of the justice with the field
of law involved and with coordinated litigation. The Administrative Judge may
designate a justice from another local jurisdiction as a Coordinating Justice
with the approval of the Administrative Judge thereof.
(2) Authority. The Coordinating
Justice shall have authority to make any order consistent with this section and
its purposes, including to remand to the court of origin any portion of a case
not properly subject to coordination under the administrative order of the
panel; assign a master caption; create a central case file and docket;
establish a service list; periodically issue case management orders after
consultation with counsel; appoint and define the roles of steering committees
and counsel of parties and liaison counsel, provided that the committees and
counsel shall not deprive any party of substantive rights; issue protective
orders pursuant to article 31 of the Civil Practice Law and Rules; establish a
document depository; direct the parties to prepare coordinated pleadings and
deem service upon liaison counsel or steering committee service upon the
respective parties; require service of uniform requests for disclosure and
establish a uniform method for the conduct of physical and mental examination;
rule upon all motions; require the parties to participate in settlement
discussions and court-annexed alternative dispute resolution; and try any part
of any coordinated case on consent of the parties to that action.
(3) Coordination with Federal or
other states' actions. If actions related to those pending before a
Coordinating Justice are proceeding in Federal courts or in the courts of other
states, the Coordinating Justice shall consult with the presiding judge(s) in
an effort to advance the purposes of this section. Where appropriate, the
Coordinating Justice, while respecting the rights of parties under the Civil
Practice Law and Rules, may require that discovery in the cases coordinated
pursuant to this section proceed jointly or in coordination with discovery in
the Federal or other states' actions.
(d) Termination of coordination.
The Coordinating Justice, sua sponte or upon motion by any party, may terminate
coordination, in whole or in part, if the Justice determines that coordination
has been completed or that the purposes of this section can be best advanced by
termination of the coordination. Upon termination, the actions shall be
remanded to their counties of origin for trial unless the parties to an action
consent to trial of that action before the Coordinating Justice.