City of New York v. Arm Or Ally, LLC

Ruling

The court stated that, as announced during an earlier teleconference, the City of New York’s motion for a preliminary injunction was GRANTED. The order does not provide the injunction’s terms or explain the court’s reasoning. The parties were directed to submit either a joint proposed preliminary injunction or competing proposed injunctions by October 31, 2022.

Pretrial Requirements

Unless the court ordered otherwise, counsel for all parties were directed to attend an initial pretrial conference by telephone on November 17, 2022, at 9:00 a.m. The parties were also directed to confer about settlement and other matters considered at a case-management conference under Federal Rule of Civil Procedure 16.

The parties were ordered to file a joint letter of no more than five pages and a proposed Civil Case Management Plan and Scheduling Order by the Thursday before the conference. The letter had to address whether the conference was necessary, the nature of the action and defenses, jurisdiction and venue, deadlines, outstanding motions, completed and needed discovery, prior settlement discussions, possible alternative dispute-resolution methods, and other information useful to moving the case toward settlement or trial.

Other Directions

If the case was settled or otherwise terminated before the conference, the parties did not have to submit the letter or appear if proof of termination was filed on the docket. Requests to extend deadlines or adjourn the conference had to be made by letter-motion filed at least 48 hours before the relevant deadline or conference. Counsel who had appeared were directed to notify counsel for parties who had not appeared, or those parties personally if their counsel was unknown, and to file proof of that notice. The clerk was directed to terminate ECF No. 4.