Securities and Exchange Commission v. Dean Shah

Nature of the Order

This is a notice of reassignment and case-management order. The case was reassigned to Judge Jessica G. L. Clarke. The opinion does not decide the Securities and Exchange Commission’s claims or the defendants’ defenses.

Effect of Reassignment

Unless the court orders otherwise, all prior orders, dates, and deadlines remain effective after the reassignment. Any conference or oral argument currently scheduled before the court is postponed until the court issues another order. The notice also directs counsel to review Judge Clarke’s individual rules and practices.

Joint Status Letter

The parties must file a joint letter on the court’s electronic filing system by August 1, 2023. The letter may not exceed five pages, although certain lengthy citizenship information may be placed in an appendix outside the page limit. The letter must 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 in the court; - all existing deadlines and cutoff dates; - outstanding motions and the relief requested; - pending appeals; - discovery already 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 length of trial; and - any other information that could help the court advance the case toward settlement or trial.

If the case has already been settled or otherwise terminated, the parties do not have to file the letter or appear, provided proof of termination is filed on the docket before the deadline.

Extensions and Postponements

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 or postponement requests and their results, the reason for the request, the opposing party’s position, and, when applicable, the date of the next scheduled court appearance. Unless counsel are notified that a conference has been postponed, it will proceed as scheduled.

Disposition and Significance

The court ordered the case-management steps described above. The notice contains no ruling on the merits and does not grant or deny a substantive motion.