Bisono v. Western Express, Inc.
- Clarke
- 1:22-cv-07639
- U.S. District Court · Southern District of New York
- 2
In Bisono v. Western Express, Judge Clarke reassigned the case and ordered a joint status letter by July 27, 2023.
The parties and their counsel, who must comply with the joint-letter and case-management requirements.
What happened
Bisono v. Western Express was reassigned to Judge Jessica G. L. Clarke. The order did not describe the parties’ underlying claims or defenses.
Judge Clarke kept all prior orders, dates, and deadlines in effect unless she later ordered otherwise. Any currently scheduled conference or oral argument before her was postponed until further order.
Judge Clarke ordered the parties to file a joint letter by July 27, 2023, addressing the case’s status, jurisdiction and venue, deadlines, motions, discovery, settlement, possible mediation, and trial length. This was a case-management order, not a decision on the merits.
The detailed version
- Bisono v. Western Express, Inc. · No. 1:22-cv-07639
- Clarke
- July 13, 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 and does not decide the parties’ underlying legal claims.
Effect of reassignment
Unless the Court later orders otherwise, all prior orders, dates, and deadlines remain in effect. Any conference or oral argument currently scheduled before the Court is adjourned pending further order. The order also directs counsel to review Judge Clarke’s individual rules and practices.
Required joint letter
The parties must file a joint letter on the electronic filing system no later than July 27, 2023. The letter may not exceed five pages, except that lengthy information about the citizenship of entity parties 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 key legal and factual issues; - Why federal jurisdiction and venue are proper, including required citizenship information for entities in diversity cases; - Existing deadlines and cutoff dates; - Previously scheduled conferences that have not occurred; - Outstanding motions and the relief they seek; - Pending appeals; - Discovery completed and discovery still 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; - The estimated trial length; and - Any other information that could help move the case toward settlement or trial.
If the case has already been settled or otherwise terminated, counsel do not need to file the letter or appear if proof of termination is filed before the deadline using the appropriate electronic filing event.
Extensions and adjournments
Requests to extend a deadline or postpone 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 extension requests and their outcomes, the reason for the request, the opposing party’s position, and, when applicable, the next scheduled court appearance. Unless counsel are told that a conference has been postponed, it will occur as scheduled.
Disposition
The Court ordered the parties to submit the joint status letter and issued the related case-management instructions. The order did not grant or deny a substantive claim or motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.