The opinion
USONUITTEHDE RSTNA DTEISST DRIISCTTR OICFT N CEOWU YROTR K
DARNELL BROWN, et al.,
Plaintiffs,
23-CV-3029 (JGLC)
-against-
NOTICE OF
CE SOLUTIONS GROUP, LLC, et al., REASSIGNMENT
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 any currently scheduled conference or oral argument before the Court is
adjourned pending further order of the Court. 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.
It is hereby ORDERED that no later than September 8, 2023, the parties shall file on
ECF a joint letter, described below, updating the Court on the status of the case. The joint letter
shall not exceed five pages, and shall provide the following information in separate paragraphs:
1. Names of counsel and current contact information, if different from the
information currently reflected on the docket;
2. A brief statement of the nature of the case and/or 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 statement of any previously scheduled conference dates with the Court that
have not yet occurred and the matters that were to be discussed;
6. A brief description of any outstanding motions, including the date of the motion
and the nature of the relief sought;
7. A statement and description of any pending appeals;
8. A detailed statement of any discovery that has already taken place, including how
many depositions each party has taken and what, if any, discovery remains that is
necessary for the parties to engage in meaningful settlement negotiations;
9. A brief description of the status of prior settlement discussions, without disclosing
exact offers and demands;
10. A statement of whether the parties have discussed the use of alternate dispute
resolution mechanisms and indicating whether the parties believe that (a) a
settlement conference before a Magistrate Judge; (b) participation in the District’s
Mediation Program; and/or (c) retention of a privately retained mediator would be
appropriate and, if so, when in the case (e.g., within the next sixty days; after the
deposition of plaintiff is completed; after the close of fact discovery; etc.) the use
of such a mechanism would be appropriate;
11. Anestimate of the length of trial; and
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 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 deadline, using the appropriate ECF
Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19 & App’x A, available at
http://nysd.uscourts.gov/ecf_filing.php.
In accordance with the Court’s Individual Rules and Practices, requests for extensions 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 a conference has been adjourned, it
will be held as scheduled.
Dated: August 15, 2023
New York, New York
SO ORDERED.
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C ance (Lar Ke
JESSICA G. L. CLARKE
5 United States District Judge