Desai v. PayPal Holdings, Inc.

Nature of the Order

This is a case-management order issued after the case was transferred to Judge Jesse M. Furman. It does not address the merits of the plaintiffs’ claims or the defendants’ defenses.

Initial Pretrial Conference

The court ordered counsel for all parties to appear for an initial pretrial conference on May 6, 2025, at 9:00 a.m. The conference is scheduled to occur remotely by telephone under Judge Furman’s individual rules. Unless the court grants permission through a letter-motion filed before the conference, the lawyer who will serve as principal trial counsel must attend.

The parties’ lawyers must confer before the conference about settlement and the subjects covered by Federal Rule of Civil Procedure 16, which concerns case management and scheduling. They must also file a joint letter of no more than five pages and attach a proposed civil case management plan and scheduling order. The filing is due no later than the Thursday of the week before the conference.

The joint letter must address whether the parties believe the conference can be canceled, the nature of the action and principal defenses, the basis for federal jurisdiction and venue, existing deadlines, outstanding motions, completed and needed discovery, prior settlement discussions, possible alternative dispute resolution, and other issues that may help move the case toward settlement or trial. The order also gives specific instructions for describing citizenship if jurisdiction is based on diversity of citizenship.

Other Directions

If the case is settled or otherwise terminated before the conference, the parties do not have to file the joint letter or attend, provided proof of termination is filed on the docket. Requests to extend a deadline or adjourn the conference must be made by a letter-motion filed at least 48 hours beforehand and must include the information specified by the court.

Counsel who had appeared when the order issued must send the order and Judge Furman’s individual rules to counsel or, if necessary, the party personally for any party whose counsel had not appeared. They must also file proof that this notice was provided.

Disposition

The order superseded previously entered scheduling orders, including the order identified as ECF No. 9. It also vacated the orders identified as ECF Nos. 8 and 10, although the Clerk was directed to leave those orders on the docket. Judge Furman denied Judge Dale E. Ho’s motion for recusal, identified as ECF No. 22, as moot, and directed the Clerk to terminate that motion. The order was signed by Judge Jesse M. Furman on February 19, 2025.