[blindlaw] FW: [NELA Open Forum]: Update on Federal Rules & Invitation For Organizations To Briefing

Fri Jul 19 23:08:15 UTC 2013

FYI  In my view, the proposed amendments to the federal rules will be harmful to plaintiffs attempting to secure their civil rights.  Please participate in the below described process as you think appropriate.

Regards,

Scott

From: Rebecca Cappy [mailto:noreply at egroups.nela.org] 
Sent: Thursday, July 18, 2013 5:44 PM
To: Scott LaBarre
Subject: [NELA Open Forum]: Update on Federal Rules & Invitation For Organizations To Briefing

 <http://exchange.nela.org/NELA> National Employment Lawyer

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Update on Federal Rules & Invitation For Organizations To Briefing 

From: 

Rebecca Cappy <http://exchange.nela.org/Discussions1/MyBioView/?ContactKey=d89fa230-a399-4737-98c8-8661c22cb976&MDATE=%3c46%3d47568&UserKey=bdd49875-571f-4905-82ff-b8fc2eb91bd8&sKey=6A7B92362DA648429AE2>  

To: 

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Posted: 

July 18, 2013 7:45 PM 

Subject: 

Update on Federal Rules & Invitation For Organizations To Briefing 

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This message has been cross posted to the following Discussions: Federal Rules Task Force and Open Forum .
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Hi everyone,

I write to provide you with an update on where things stand with the federal rules proposals and what members can do. Much of the information below will be familiar to those of you who attending the Annual Convention last month, but we want to be sure everyone has the relevant information.

Following the unanimous Advisory Committee recommendation that the Duke Subcommittee's  <http://exchange.nela.org/Blogs/BlogViewer/?BlogKey=44b9ed66-1dbb-4b5a-b7e8-bf321bbeb7e6> proposed discovery rule amendments package be approved for publication, the Standing Committee voted to adopt the Advisory Committee's recommendation at its meeting in early June. You can find the full text of recommendation in the  <http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/Agenda%20Books/Standing/ST2013-06.pdf#pagemode=bookmarks> Standing Committee's June 2013 agenda book at pages 59-88.

As we mentioned previously, the proposed amendments will now be published for public comment. The public comment period is expected to open on August 15, 2013. We anticipate that the comment period will remain open for six months (i.e., until February 15, 2014). Public hearings will be held during this public comment period. Three hearings will be held around the country, including one Washington, DC on November 7, 2013; a second in Phoenix in early January 2014; and a third likely to occur in early December. Ideally, members should aim to submit their comments by October 1, 2013 in advance of the first hearing.

We are in the process of preparing new templates/outlines for comments for submission by members and should have those available in early August. NELA needs our members, Affiliates, and coalition partners to submit comments during the public comment period, whether or not they have done so previously. We also need you to reach out to your friends on the bench and in academia who would be similarly concerned about these proposals to encourage them to oppose these changes as well. You should only reach out to those with whom you have a close relationship. It is imperative that the Standing Committee hear from those who oppose these proposed amendments throughout the comment period and at each of the hearings. 

Please feel free to call (415-296-7629, ext. 103) or email (rcappy at nelahq.org) me with any questions you may have. 

Finally, we have been doing outreach to other organizations that might be interested in opposing these changes and toward that end have set up a briefing in Washington, DC. For those of you who work with or for a public interest or advocacy organization, we invite you to join us on July 29, 2013 at 4:00 p.m. (Eastern) for a discussion of how organizations can get involved in fighting back against the proposed changes to the federal rules. Please RSVP to Kellye McIntosh at  <mailto:kmcintosh at afj.org> kmcintosh at afj.org.

Obstacles to Justice:

An Urgent Discussion of Proposed Changes to the Federal Rules of Civil Procedure and How You Can Help Fight Back

Join Alliance for Justice and the National Employment Lawyers Association for a briefing to discuss proposed changes to the Federal Rules of Civil Procedure and to learn about the impact of these potential changes on the work of civil rights, environmental, consumer, workplace and many other organizations and communities.

What: Obstacles to Justice: An Urgent Discussion of the Impact of Proposed Changes to the Federal Rules of Civil Procedure and How You Can Help Fight Back
When: Monday, July 29 at 4:00 p.m. (Eastern)
Where: Alliance for Justice, 11 Dupont Circle NW, 2nd Floor, Washington, DC 20036

Who Should Attend: Policy advocates and attorneys whose organizations work to ensure access to justice or rely on litigation either to accomplish their mission specifically, or to gain access to and use critical information for policy and advocacy work.

RSVP to Kellye McIntosh at  <mailto:kmcintosh at afj.org> kmcintosh at afj.org. (Call-in information available upon request.)

Speakers:
Pamela Gilbert, Partner, Cuneo Gilbert & LaDuca, LLP
Elisabeth M. Stein, Federal Relations Counsel, American Association for Justice (AAJ)
Julie M. Strandlie, Legislative & Public Policy Director, National Employment Lawyers Association (NELA)

Moderator:
Michelle D. Schwartz, Director of Justice Programs, Alliance for Justice

Background:

Many organizations rely on litigation to accomplish important objectives whether or not they ever go to court themselves.  All policy and advocacy organizations should be concerned about proposed changes to the Federal Rules of Civil Procedure, which could not only make litigation even more difficult than it already is, but also greatly restrict what information becomes public about wrongdoing.  On August 15, 2013, a six-month public comment period will open on the proposed rule changes.  These proposals will restrict discovery in all civil cases, including civil rights, environmental, consumer and workplace disputes.  The proposed changes will create more obstacles for plaintiffs by preventing them from uncovering core facts.  Especially in cases where information is in the hands of the wrongdoer, victims may be unable to build the evidence needed to prove key elements of their claims.  And even if your organization does not litigate, this means that you - and the public - may never learn about violations or wrongdoing.  The proposals, ostensibly meant to cut costs in civil cases, will have the opposite effect by increasing the time spent sorting out disputes that are resolved with the current rules.

There are ways to fight back.  Please join us for a briefing to learn more about the implications of these proposals and how you can help.  

Best regards,
Rebecca
-------------------------------------------
Rebecca Cappy
Program Director
National Employment Lawyers Association
San Francisco, CA
rcappy at nelahq.org
(415) 296-7629
------------------------------------------- 

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