Mund & Fester GmbH & Co. Kg v. Hamburg Sud A/S & Co. KG

Background

The case was reassigned to Judge Jessica G. L. Clarke. The court stated that, unless it later ordered otherwise, all prior orders, dates, and deadlines would remain in effect. Any conference or oral argument already scheduled before the court was adjourned pending further order.

Order

The court ordered the parties to file a joint letter on the electronic filing system by July 7, 2023. The letter could not exceed five pages, except that lengthy information about the citizenship of members, partners, shareholders, or trustees could be placed in an appendix outside the page limit.

The letter had to provide:

- Counsel’s names and current contact information; - A brief description of the case, defenses, and important legal and factual issues; - The basis for federal jurisdiction and venue, including the citizenship information required for diversity jurisdiction; - Existing deadlines and cutoff dates; - The status of prior matters and scheduled conferences; - Descriptions of outstanding motions; - The status of any appeals; - A detailed description of completed and remaining discovery, including depositions; - A brief description of settlement discussions without exact offers or demands; - The parties’ views on possible alternative dispute resolution, including a settlement conference, mediation, or a private mediator; - An estimate of the trial’s length; and - Any other information that could help move the case toward settlement or trial.

If the case had already been settled or otherwise terminated, the parties did not have to file the letter or appear, provided they filed appropriate proof of termination before the deadline. The court also stated that requests for extensions or adjournments had to be made by letter-motion filed at least 48 hours before the applicable deadline or conference and had to include specified information.

Disposition and Significance

This opinion is an administrative case-management order. It does not decide the merits of Mund & Fester GmbH & Co. KG’s claims or Hamburg Sud A/S & Co. KG’s defenses. Judge Clarke reassigned the case and ordered the joint status letter; the opinion does not state that any motion was granted or denied.