Ahmad v. Day

Nature of the Order

This is a case-management order issued after the case was reassigned to Judge Furman. It does not decide the parties’ underlying claims or defenses.

Reassignment and Existing Dates

The court stated that all existing dates and deadlines would remain in effect unless the court ordered otherwise. Any currently scheduled conference or oral argument with the court was adjourned pending further order. The court directed all counsel to familiarize themselves with Judge Furman’s Individual Rules.

Required Status Letter

The court ordered counsel for the defendants to file a joint letter on the electronic filing system no later than November 28, 2022. The letter could not exceed five pages and had to address, in separate paragraphs:

- counsel’s names and current contact information; - the nature of the case and principal defenses; - why federal jurisdiction and venue were proper, including required citizenship information for entities in diversity cases; - all existing deadlines and cutoff dates; - previously scheduled court conferences that had not occurred; - outstanding motions and the relief requested; - pending appeals; - discovery completed and discovery still needed for meaningful settlement discussions; - 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 would be appropriate; - the estimated trial length; and - any other information that could help move the case toward settlement or trial, including dispositive or novel issues.

If the case had been settled or otherwise terminated, the letter was not required so long as a stipulation of discontinuance, voluntary dismissal, or other proof of termination was filed before the deadline using the appropriate electronic-filing event.

Extensions and Service

The court stated that requests for extensions or adjournments could be made only by letter-motion filed electronically at least 48 hours before the deadline or conference. The request had to identify the original dates, prior extension or adjournment requests and their results, the opposing party’s consent or reasons for nonconsent, and the date of the next scheduled court appearance. Unless the parties were notified that a conference had been adjourned, it would proceed as scheduled.

Because Ahmad had consented to electronic service, the court stated that a paper copy of the order did not need to be mailed. Judge Furman issued the order on November 7, 2022.