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S.D.N.Y.Procedural orderFiled July 5, 2023

FJerry, LLC v. Brumate, Inc.

Judge
Clarke
Docket
1:23-cv-02300
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In FJerry v. Brumate, Judge Clarke reassigned the case, adjourned the conference, and ordered a joint status letter.

Who this affects

FJerry, LLC, Brumate, Inc., and their counsel are affected by the reassignment, the adjourned conference, and the July 19, 2023 joint-letter deadline.

What happened

FJerry, LLC v. Brumate, Inc. was reassigned to a new judge. The court kept all prior orders, dates, and deadlines in effect, except for the scheduled case-management conference.

The court adjourned the October 6, 2023 conference until further notice and ordered the parties to file a joint letter by July 19, 2023. The letter must update the court about counsel, the case, jurisdiction and venue, deadlines, motions, discovery, settlement discussions, possible mediation, trial length, and other information that could help move the case toward settlement or trial.

Judge Jessica G. L. Clarke also explained the procedure for requesting extensions or adjournments. This order addressed case management and did not decide the parties’ underlying dispute.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
FJerry, LLC v. Brumate, Inc. · No. 1:23-cv-02300
Judge
Clarke
Date
July 5, 2023

Nature of the order

This is a notice of reassignment and case-management order. The court did not decide the merits of FJerry, LLC’s claims or Brumate, Inc.’s defenses.

Court’s directives

The case was reassigned to Judge Jessica G. L. Clarke. Unless the court later orders otherwise, all prior orders, dates, and deadlines remain in effect. The case-management conference scheduled for October 6, 2023, at 11:00 a.m. was adjourned until further notice.

The parties were ordered to file a joint letter on the court’s electronic filing system by July 19, 2023. The letter may not exceed five pages, except that a lengthy jurisdictional-citizenship appendix may be attached outside the page limit. The letter must separately address:

- counsel’s names and current contact information; - the nature of the case, principal defenses, and major legal and factual issues; - why federal jurisdiction and venue are proper, including required citizenship information for the parties and their members, shareholders, partners, or trustees where applicable; - existing deadlines and previously scheduled conferences; - outstanding motions and any pending appeals; - discovery completed and discovery still needed for meaningful settlement discussions; - the status of prior settlement discussions without listing exact offers or demands; - whether the parties have discussed a settlement conference, the District’s Mediation Program, or a private mediator; - the estimated trial length; and - any other information that could help advance 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, as long as proof of termination was filed before the deadline using the proper filing procedure.

Extensions and adjournments

Requests to extend a deadline or adjourn a conference must be made by a letter-motion filed electronically at least 48 hours before the deadline or conference. The request must identify the original and requested new dates, prior requests and their results, the reason for the request, the opposing party’s position, and, when applicable, the next scheduled court appearance. Unless the court notifies counsel that a conference has been adjourned, the conference remains scheduled.

Disposition

Judge Jessica G. L. Clarke issued the reassignment and case-management directives. The opinion contains no ruling on the underlying claims or defenses.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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