Thanks, Guilty. That's very helpful. Should I oppose the Order to Show Cause (OSC) as soon as possible or do so only if and when the judge requires an in-person appearance? In any event, I'll first ask the defendants' counsel whether he will stipulate that I don't need to appear in person except for the final pretrial conference.
The judge has been on the bench for only a short time, so I doubt he has dealt with a similar overseas pro-se plaintiff before. The judge is also very smart and was considerate and polite during the phone hearing, so I don't know why he is making this kind of statement. I've spent 2 1/2 years on this case--why would he need a further test of my "commitment"? You're right, though, that maybe I pissed him off several months ago with an FRCP 11 motion for sanctions (which is what he endorsed with the OSC). He denied the motion, which I had made via a pre-motion-conference letter to preclude several issues from trial based on defendants' material, provable misrepresentations to the court.
I did try to research orders to show good cause but didn't find much: in 2d appellate opinions, "'good cause’ means, essentially, necessity" and "the definition of good cause cannot be precise". With regard to FRCP 16(e) on the Final Pretrial Conference, the rules say that the conference must be held as close to the start of trial as is reasonable. In the 2d circuit is "reasonable" weeks (which is doable for me) or months (not so doable)? The notes to FRCP 16 say, "An optimum time of 10 days to two weeks (from final conference to trial start) has been suggested by one federal judge" and that, for simple cases (like mine as it now stands), "the final conference may be the only pretrial conference".
I estimate the total cost of a trip to appear for me could reach ten times what I've spent on the entire case. I will be having a biannual physical in a couple of weeks and will ask for a doctor's letter. As part of the initial disclosures, on damages, I already provided medical records to defendants on problems related to my legs but didn't include this in the complaint (or filings with the court) because I thought incorrectly that the medical issues would be transitory.
The judge has been on the bench for only a short time, so I doubt he has dealt with a similar overseas pro-se plaintiff before. The judge is also very smart and was considerate and polite during the phone hearing, so I don't know why he is making this kind of statement. I've spent 2 1/2 years on this case--why would he need a further test of my "commitment"? You're right, though, that maybe I pissed him off several months ago with an FRCP 11 motion for sanctions (which is what he endorsed with the OSC). He denied the motion, which I had made via a pre-motion-conference letter to preclude several issues from trial based on defendants' material, provable misrepresentations to the court.
I did try to research orders to show good cause but didn't find much: in 2d appellate opinions, "'good cause’ means, essentially, necessity" and "the definition of good cause cannot be precise". With regard to FRCP 16(e) on the Final Pretrial Conference, the rules say that the conference must be held as close to the start of trial as is reasonable. In the 2d circuit is "reasonable" weeks (which is doable for me) or months (not so doable)? The notes to FRCP 16 say, "An optimum time of 10 days to two weeks (from final conference to trial start) has been suggested by one federal judge" and that, for simple cases (like mine as it now stands), "the final conference may be the only pretrial conference".
I estimate the total cost of a trip to appear for me could reach ten times what I've spent on the entire case. I will be having a biannual physical in a couple of weeks and will ask for a doctor's letter. As part of the initial disclosures, on damages, I already provided medical records to defendants on problems related to my legs but didn't include this in the complaint (or filings with the court) because I thought incorrectly that the medical issues would be transitory.
At the risk of reading too much into this, it appears the judge is testing your commitment to this case. (Or, it's entirely possible this is just how your judge operates in these scenarios. That's the danger of assumptions). Did you do something (recently) to piss them off?
Regardless, you have to oppose the OSC. Can you get a doctor's note or something similar confirming the medical issues? Judges love documentation.
Frankly, outside of hiring a local lawyer to do the appearances, your most viable strategy is probably the "throw everything at the wall and see what sticks" approach. Take the information/reasons you've posted here, flesh them out, stir in the doctor's note, and hope for the best. (I would also suspect there has to be some Federal case law on this issue somewhere - no way this is the first time someone has litigated this issue throughout the entire US. May as well throw that in as well). Reiterate the costs, monetary and physical, and that you are willing to appear in person for a pre-trial conference as well as any trial.
I guess you can try to make some sort of ADA/access claim too, but since it would probably go over like a lead balloon, you may way to save that for a last resort (or a motion to reconsider, I suppose).
Beyond that, there's not a lot more you can do. (Well, maybe staple a $20 to the Aff in Opp, but it's definitely not recommended).
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