Thomas v. 209-219 W. 38 LLC

Background

The initial pretrial conference was scheduled for February 1, 2023. The parties submitted a joint letter and proposed case-management plan. The court stated that those submissions raised no significant issues.

Court’s actions

The court ordered that the February 1 initial pretrial conference be canceled. It said the conference could be reinstated if the parties promptly informed the court that it would still be useful. The court also stated that a case-management plan and scheduling order would issue separately.

The court directed the parties’ attention to requirements for periodic status letters and to the need for a pre-motion letter to avoid cancellation of the final conference and the setting of a trial date. If the defendants seek to file a motion to dismiss, they must first file a pre-motion letter under the judge’s individual rules.

The court granted the parties’ request for referral to mediation and said that the referral would issue separately. It also stated that discovery deadlines generally would not be extended without compelling circumstances.

Disposition and significance

Judge Lorna G. Schofield canceled the initial pretrial conference and granted the mediation referral. The order addressed scheduling, motion procedures, mediation, and discovery deadlines; it did not decide the merits of the parties’ claims.