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S.D.N.Y.Procedural orderFiled July 7, 2023

BCI Brands LLC v. Republic Clothing Group, Inc.

Judge
Clarke
Docket
1:23-cv-02304
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureDiscovery
In one sentence

In BCI Brands v. Republic Clothing, Judge Clarke reassigned the case and ordered counsel to prepare for an initial conference.

Who this affects

BCI Brands LLC, Republic Clothing Group, Inc., the other named defendants, and their counsel, who were given conference, filing, settlement, notice, and scheduling requirements.

What happened

BCI Brands LLC v. Republic Clothing Group, Inc. was reassigned to the court. The opinion does not describe the parties’ underlying claims or defenses.

The court scheduled an in-person initial pretrial conference for July 26, 2023, and ordered counsel to confer about settlement and other case-management topics. Counsel must file a joint letter and proposed case-management plan one week before the conference, unless the case is terminated or the court allows the conference to be skipped.

Judge Jessica G. L. Clarke also gave instructions about extensions, notifying counsel who had not appeared, and filing proof of notice. The order addressed case administration and did not decide the underlying dispute.

The detailed version

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

Case
BCI Brands LLC v. Republic Clothing Group, Inc. · No. 1:23-cv-02304
Judge
Clarke
Date
July 7, 2023

Nature of the Order

This notice states that the case was reassigned to Judge Jessica G. L. Clarke. It is a case-management order, not a decision on the merits. The opinion does not describe BCI Brands LLC’s claims, the defendants’ defenses, or the legal issues underlying the dispute.

Conference and Filing Requirements

The court directed counsel for all parties to appear for an in-person initial pretrial conference on July 26, 2023, at 11:30 a.m., unless the court later ordered otherwise. Counsel were instructed to review the judge’s individual rules and practices and to register as electronic filing users.

Before the conference, counsel must confer about settlement and the subjects covered by Federal Rule of Civil Procedure 16, which governs initial case-management conferences. No later than one week before the conference, the parties must file a joint letter and attach a proposed civil case-management plan and scheduling order. The letter must address, among other matters, whether the conference can be skipped, the nature of the action and defenses, jurisdiction and venue, deadlines, pending motions, completed and needed discovery, settlement discussions, and other issues that may help move the case toward settlement or trial.

If the case has been settled or otherwise terminated, counsel do not have to file the joint letter or appear if appropriate proof of termination is filed before the conference. Requests to extend a deadline or adjourn the conference must be made by letter-motion filed electronically at least 48 hours before the relevant deadline or conference and must include the information specified in the order.

Notice to Other Parties

Counsel who had appeared when the order was issued were directed to promptly serve the order and the judge’s individual rules on counsel for parties who had not appeared, or on the party personally if counsel’s identity was unknown. They must also file proof of that notice.

Disposition

The court issued scheduling and notice instructions following reassignment. Judge Jessica G. L. Clarke did not rule on the underlying claims or defenses.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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