Espire Ads LLC v. Tapp Influencers Corp.

Nature of the Order

This was a notice of reassignment and case-management order. Judge Jessica G. L. Clarke notified the parties that the related cases had been reassigned to her. The opinion did not resolve the parties’ underlying claims or defenses.

Effect of Reassignment

Unless the court ordered otherwise, all prior orders, dates, and deadlines remained in effect. Any conference or oral argument already scheduled before the court was adjourned pending further order. The court also directed counsel to familiarize themselves with Judge Clarke’s individual rules and practices.

Required Joint Letter

The parties were ordered to file a joint letter on the electronic docket by August 1, 2023. The letter could not exceed five pages, except that lengthy information about the citizenship of certain parties could be placed in an appendix outside the page limit. The letter had to 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 were proper, including required citizenship information for entities and parties when jurisdiction was based on diversity of citizenship; - existing deadlines and previously scheduled conferences; - outstanding motions and any pending appeals; - discovery already completed and discovery needed for meaningful settlement discussions; - the status of settlement discussions without revealing exact offers or demands; - whether the parties had discussed mediation or another alternative dispute-resolution process; - the estimated trial length; and - any other information that could help move the cases toward settlement or trial.

If the cases had been settled or otherwise terminated, counsel were not required to file the joint letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination was filed on the docket before the deadline.

Extensions and Adjournments

The court stated that requests to extend a deadline or adjourn a conference had to be made by a letter-motion filed on the electronic docket at least 48 hours before the deadline or conference. The request had to include the original and requested new dates, information about earlier requests, the reason for the request, the opposing party’s position, and, when applicable, the date of the next scheduled court appearance. Unless the court notified counsel that a conference had been adjourned, it would proceed as scheduled.

Disposition

The court reassigned the related cases and ordered the joint status letter. The order did not grant or deny a motion, dismiss a claim, enter judgment, or decide the merits.