The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
BOARD OF TRUSTEES OF THE I.A.T.S.E.
ANNUITY FUND, et al.,
Plaintiffs,
23-CV-4448 (JGLC)
-against-
NOTICE OF
PARADISE SQUARE BROADWAY LIMITED REASSIGNMENT
PARTNERSHIP, et al.,
Defendants.
JESSICA G. L. CLARKE, United States District Judge:
This case has been reassigned to the undersigned. Unless and until the Court orders
otherwise, all prior orders, dates and deadlines shall remain in effect notwithstanding the case’s
reassignment, except that the initial pretrial conference set for August 2, 2023 is hereby
ADJOURNED to August 3, 2023 at 11:00am and the deadline for the parties’ joint status letter
and proposed case management plan is EXTENDED to July 27, 2023. The conference will be
held remotely by Microsoft Teams. All counsel must familiarize themselves with the Court’s
Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-
clarke. All parties are required to register promptly as filing users on ECF.
Counsel are directed to confer with each other prior to the conference regarding
settlement and each of the other subjects to be considered at a Federal Rule of Civil Procedure 16
conference. Additionally, in accordance with Paragraph 3(c) of the Court’s Individual Rules and
Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as
well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to
the joint letter, no later than July 27, 2023. The parties shall use this Court’s form Proposed Civil
Case Management Plan and Scheduling Order, which is also available at
https://nysd.uscourts.gov/hon-jessica-g-l-clarke.
The joint letter shall not exceed five pages, and shall provide the following information in
separate paragraphs:
(1) A statement indicating whether the parties believe they can do without an initial
pretrial conference altogether. If so, the Court may enter a case management plan
and scheduling order and the parties need not appear;
(2) A brief statement of the nature of the action and the principal defenses thereto,
and the major legal and factual issues that are most important to resolving the
case, whether by trial, settlement or dispositive motion;
(3) A brief explanation of why jurisdiction and venue lie in this Court. In any action
in which subject matter jurisdiction is founded on diversity of citizenship pursuant
to Title 28, United States Code, Section 1332, the letter must explain the basis for
the parties’ belief that diversity of citizenship exists. Where any party is a
corporation, the letter shall state both the place of incorporation and the principal
place of business. In cases where any party is a partnership, limited partnership,
limited liability company or trust, the letter shall state the citizenship of each of
the entity’s members, shareholders, partners, and/or trustees. See, e.g.,
Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d 48 (2d Cir. 2000). If this
information is lengthy, it may be included in an Appendix to the letter, not to be
included in the page limit;
(4) A statement of all existing deadlines, due dates and/or cut-off dates;
(5) A brief description of any outstanding motions;
(6) A brief description of any discovery that has already taken place and of any
discovery that is necessary for the parties to engage in meaningful settlement
negotiations;
(7) A brief description of the status of prior settlement discussions, without disclosing
exact offers and demands;
(8) Any other information that the parties believe may assist the Court in advancing
the case to settlement or trial, including, but not limited to, a description of any
dispositive issue or novel issue raised by the case.
If this case has been settled or otherwise terminated, counsel are not required to submit
such a letter or to appear, provided that a stipulation of discontinuance, voluntary dismissal or
other proof of termination is filed on the docket prior to the date of the conference, using the
appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19 & App’x A,
available at https://www.nysd.uscourts.gov/electronic-case-filing.
In accordance with the Court’s Individual Rules and Practices, requests for an extension
or adjournment may be made only by letter-motion filed on ECF and must be received at least 48
hours before the deadline or conference. The written submission must state (1) the original date
and the new date requested; (2) the number of previous requests for adjournment or extension;
(3) whether these previous requests were granted or denied; (4) the reason for the extension or
adjournment; (5) whether the adversary consents and, if not, the reasons given by the adversary
for refusal to consent; and (6) to the extent applicable, the date of the parties’ next scheduled
appearance before the Court. Unless counsel are notified that the conference has been adjourned,
it will be held as scheduled.
Dated: July 24, 2023
New York, New York
SO ORDERED.
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C \parica Lharke
JESSICA G. L. CLARKE
United States District Judge