Tribe of Two, LLC v. Tods, S.p.A., Ltd.

Nature of the Order

This is a notice of reassignment and case-management order. The court stated that the case had been reassigned to Judge Jessica G. L. Clarke. Unless the court orders otherwise, all earlier orders, dates, and deadlines remain effective.

Required Joint Letter

The parties must file a joint letter on the court’s electronic filing system by August 7, 2023. The letter may not exceed five pages, except that a lengthy explanation of the citizenship of an entity’s members, shareholders, partners, or trustees may be placed in an appendix outside the page limit.

The letter must separately address:

- Counsel’s names and current contact information; - The nature of the case, principal defenses, and important legal and factual issues; - The basis for federal jurisdiction and venue, including the required citizenship information if jurisdiction is based on the parties’ citizenship; - Existing deadlines and cutoff dates; - Previously scheduled conferences that have not occurred; - Outstanding motions and the relief sought; - Pending appeals; - Discovery already completed and any discovery needed for meaningful settlement discussions; - The status of prior settlement discussions without stating exact offers or demands; - Whether the parties have 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.

If the case has been settled or otherwise terminated, counsel do not need to submit the letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed before the deadline.

Extensions and Adjournments

Requests to extend a deadline or postpone a conference must be made through 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 extension requests and their outcomes, the reason for the request, the opposing party’s position, and, when applicable, the date of the parties’ next court appearance. Unless the court notifies counsel that a conference has been postponed, it will proceed as scheduled.

Disposition and Effect

Judge Clarke issued administrative and case-management directions. The order did not rule on the merits of Tribe of Two, LLC’s claims or Tod’s S.p.A.’s and DEVA, INC.’s defenses.