Kyle Bragg, as Trustee v. Resource One New England Services, Inc.
- Jesse Furman
- 1:22-cv-00478
- U.S. District Court · Southern District of New York
- 2
In Kyle Bragg v. Resource One, Judge Furman reassigned the case and ordered a joint status letter by April 18, 2022.
The parties and their counsel were required to provide the joint status update and comply with the court’s case-management instructions.
What happened
Kyle Bragg, as Trustee v. Resource One New England Services, Inc. was reassigned to Judge Jesse M. Furman. The order said existing dates and deadlines would remain in effect, but any scheduled conference or argument before Judge Furman was postponed unless otherwise ordered.
The court ordered the parties to file a joint letter by April 18, 2022. The letter must address counsel information, the case and defenses, jurisdiction and venue, deadlines, conferences, motions, appeals, discovery, settlement discussions, alternative dispute resolution, the expected trial length, and other information that could help move the case toward settlement or trial. No letter was required if the case was settled or otherwise terminated and proof was filed by the deadline.
Judge Furman also explained how to request an extension or postponement and directed counsel to follow his individual rules. This order addressed case administration and did not decide the underlying dispute.
The detailed version
- Kyle Bragg, as Trustee v. Resource One New England Services, Inc. · No. 1:22-cv-00478
- Jesse Furman
- Apr. 11, 2022
Nature of the order
The case was reassigned to Judge Jesse M. Furman. The order was administrative and case-management related; it did not resolve the parties’ underlying claims or defenses.
Deadlines and conferences
Unless the court ordered otherwise, all existing dates and deadlines remained in effect after reassignment. Any conference or oral argument scheduled before Judge Furman was adjourned pending further order. Appearances scheduled before the assigned magistrate judge remained in effect.
Required joint letter
The parties were ordered to file a joint letter on the court’s electronic filing system no later than April 18, 2022. The letter could not exceed five pages and had to provide separate paragraphs addressing:
- Counsel’s names and current contact information; - The nature of the case and principal defenses; - Why federal jurisdiction and venue were proper, including the required citizenship information if jurisdiction was based on diversity of citizenship; - All existing deadlines and cutoff dates; - Previously scheduled court conferences that had not occurred and the matters to be discussed; - Outstanding motions, including their dates and requested relief; - Any pending appeals; - Discovery completed, including the number of depositions taken by each party and any discovery needed for meaningful settlement negotiations; - Prior settlement discussions; - Whether the parties had considered a settlement conference, the District’s Mediation Program, or a private mediator, and when such a process might be appropriate; - The estimated trial length; and - Any other information that might help advance the case toward settlement or trial, including dispositive or novel issues.
If the case had already been settled or otherwise terminated, counsel did not have to file the letter if a stipulation of discontinuance, voluntary dismissal, or other proof of termination was filed before the deadline.
Extensions and adjournments
The order stated that requests for an extension or adjournment had to be made by a letter-motion filed electronically at least 48 hours before the applicable deadline or conference. The request had to identify the original date or dates, prior extension or adjournment requests and their outcomes, the opposing party’s position, and the next scheduled appearance. Unless counsel were notified that a conference had been postponed, it would proceed as scheduled.
Disposition
The court ordered the joint status letter and provided case-management instructions. It did not grant or deny a motion, dismiss a claim, enter judgment, or decide the merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.