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S.D.N.Y.Procedural orderFiled Feb. 26, 2020

The Export-Import Bank of The Republic of China v. Democratic Republic of the…

Full caption

The Export-Import Bank of The Republic of China v. Democratic Republic of the Congo

Judge
Jesse Furman
Docket
1:16-cv-04480
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureFee Petition
In one sentence

In Export-Import Bank v. Democratic Republic of the Congo, Judge Furman denied pending motions without prejudice and ordered a case-status letter.

Who this affects

The Export-Import Bank of The Republic of China, the Democratic Republic of the Congo, and their counsel were affected by the denial of the pending motions, the case-status-letter requirement, and the updated case-management directives.

What happened

The Export-Import Bank of The Republic of China v. Democratic Republic of the Congo was reassigned to Judge Jesse M. Furman, who directed the parties to update the court about the case.

Judge Furman denied the pending motions without prejudice to renewal in one motion by March 27, 2020, and directed the parties to file a joint case-status letter by March 11, 2020. The letter must address the case, jurisdiction, deadlines, discovery, settlement efforts, possible alternative dispute resolution, and trial length.

Judge Jesse M. Furman also continued existing deadlines, adjourned any currently scheduled conference or oral argument pending further order, and directed the Clerk to terminate docket entries 31, 39, 42, and 43.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
The Export-Import Bank of The Republic of China v. Democratic Republic of the… · No. 1:16-cv-04480
Judge
Jesse Furman
Date
Feb. 26, 2020

Background

The case was reassigned to Judge Jesse M. Furman. The order states that existing dates and deadlines would remain in effect unless the court ordered otherwise, while any currently scheduled conference or oral argument was adjourned pending further order.

Pending Motions

The court identified several pending matters: the Export-Import Bank’s motion for attorney’s fees, its motion for sanctions, and letter motions asking the court to defer ruling on the sanctions motion. Because the principal motions were old and the facts or law might have materially changed, the court denied the motions without prejudice to renewal in a single motion by March 27, 2020. The court also described the letter motions as apparently moot.

Case-Status Letter

The court ordered the parties to file a joint letter by March 11, 2020, limited to five pages. The letter must provide updated counsel information; a brief description of the case and defenses; an explanation of jurisdiction and venue; all deadlines; previously scheduled conferences; discovery completed and remaining discovery needed for settlement discussions; prior settlement discussions; the parties’ views about possible alternative dispute resolution; an estimate of trial length; and other information that could help move the case toward settlement or trial. If the case had already been settled or otherwise terminated, the parties did not have to file the letter if they filed proof of termination before the deadline.

Disposition

Judge Jesse M. Furman denied the pending motions without prejudice to renewal in a single motion by March 27, 2020. He also ordered the joint status letter and directed the Clerk of Court to terminate ECF docket entries 31, 39, 42, and 43. The order did not decide the underlying merits of the dispute.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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