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S.D.N.Y.Procedural orderFiled July 7, 2021

Bangkok Bangkok Import & Export Inc. v. 2M Associates, Inc.

Judge
Jesse Furman
Docket
1:20-cv-10572
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureDiscovery
In one sentence

In Bangkok Bangkok Import & Export v. 2M Associates, Judge Furman postponed the pretrial conference and ordered counsel to address missed discovery deadlines.

Who this affects

Bangkok Bangkok Import & Export Inc., 2M Associates, Inc., the other defendants identified in the caption, their counsel, and people attending or listening to the pretrial proceeding.

What happened

In Bangkok Bangkok Import & Export Inc. v. 2M Associates, Inc., the court moved the pretrial conference from July 8 to July 14, 2021, and said the proceeding would be held in person unless the court ordered otherwise.

The court directed counsel to explain why either side should receive more time for discovery, or why the plaintiff should be heard about defendants’ late response to interrogatories. The order also described courthouse health and public-access procedures, including screening, masks, limited seating, and telephone listening access.

Judge Jesse M. Furman also directed the Clerk of Court to terminate ECF No. 34. The order did not decide the parties’ underlying claims.

The detailed version

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

Case
Bangkok Bangkok Import & Export Inc. v. 2M Associates, Inc. · No. 1:20-cv-10572
Judge
Jesse Furman
Date
July 7, 2021

Background

The court issued a scheduling and courthouse-protocol order while the case was pending. A pretrial conference had been scheduled for July 8, 2021. The order stated that the parties had conducted no discovery by the July 2, 2021 deadline.

What the Court Ordered

The court adjourned the pretrial conference to July 14, 2021, at 3:30 p.m. It stated that the proceeding would be held in person in Courtroom 1105 of the Thurgood Marshall United States Courthouse unless the court ordered otherwise. The court also told the parties to promptly notify it if the case settled at the settlement conference scheduled for July 13, 2021.

The court directed counsel to be prepared to show cause—meaning to explain why the court should grant relief—regarding any request for additional discovery time. Counsel also had to be prepared to address whether the plaintiff should be heard concerning defendants’ failure to respond timely to the first set of interrogatories. The court emphasized the requirement of good cause and diligence for modifying a scheduling order, as well as the existing warnings that extensions would generally not be granted after deadlines had passed absent extraordinary circumstances.

Courthouse Procedures

The order required people entering the courthouse, including attorneys and members of the public, to complete a questionnaire and undergo temperature screening. It described mask and social-distancing requirements, limits on courtroom seating, and telephone-only listening access for members of the public because of the public-health situation. It also encouraged the parties to limit the number of people attending in person.

Disposition

Judge Jesse M. Furman directed the Clerk of Court to terminate ECF No. 34. This order addressed scheduling, discovery, and courthouse procedures; it did not resolve the parties’ underlying claims.

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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