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S.D.N.Y.Procedural orderFiled July 24, 2023

Upland Specialty Insurance Company v. Accident Fund Insurance Company

Judge
Clarke
Docket
1:23-cv-04414
Court
U.S. District Court · Southern District of New York
Pages
3
Civil Procedure
In one sentence

In Upland Specialty Insurance Company v. Accident Fund Insurance Company, Judge Clarke reassigned the case and reset deadlines for its initial pretrial conference.

Who this affects

Upland Specialty Insurance Company, Accident Fund Insurance Company, and their counsel are affected by the revised conference date, filing deadlines, response deadline, and preparation requirements.

What happened

Upland Specialty Insurance Company v. Accident Fund Insurance Company was reassigned to a new judge. The court kept prior orders, dates, and deadlines in effect except for changes to the initial pretrial conference and related filing deadline.

The court moved the initial pretrial conference from August 30 to September 6, 2023, at 11:00 a.m., to be held remotely through Microsoft Teams. It extended the deadline for the parties’ joint status letter and proposed case management plan to August 30, 2023, and required the defendant to answer, file a motion, or otherwise respond to the complaint by August 25, 2023.

The court also ordered counsel to discuss settlement and other case-management issues before the conference and to file the required joint letter and proposed plan. Judge Jessica G. L. Clarke issued this scheduling and case-management order on July 24, 2023.

The detailed version

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

Case
Upland Specialty Insurance Company v. Accident Fund Insurance Company · No. 1:23-cv-04414
Judge
Clarke
Date
July 24, 2023

Background

The case was reassigned to Judge Jessica G. L. Clarke. The order states that all prior orders, dates, and deadlines remain in effect unless the court later orders otherwise, subject to the changes listed in the notice.

Scheduling Orders

The court adjourned the initial pretrial conference from August 30, 2023, to September 6, 2023, at 11:00 a.m. The conference will take place remotely through Microsoft Teams. The deadline for the parties’ joint status letter and proposed Civil Case Management Plan and Scheduling Order was extended to August 30, 2023. The defendant must answer, move, or otherwise respond to the complaint by August 25, 2023.

Required Filings and Conference Preparation

The parties must file a joint letter on the court’s electronic filing system, with the proposed case management plan attached as an exhibit, by August 30, 2023. The letter may not exceed five pages and must address whether the parties believe the conference is unnecessary, the nature of the action and defenses, the major legal and factual issues, the basis for jurisdiction and venue, existing deadlines, outstanding motions, completed and needed discovery, the status of settlement discussions, and other information that may help move the case toward settlement or trial.

Counsel must confer before the conference about settlement and the subjects considered at a conference under Federal Rule of Civil Procedure 16. If the case has been settled or otherwise terminated, counsel need not file the joint letter or appear if proof of termination is filed before the conference. Requests to extend a deadline or adjourn the conference must be made by a letter-motion filed electronically at least 48 hours before the relevant deadline or conference and must include the information required by the court’s rules.

Disposition

This opinion is a scheduling and case-management order. It does not decide the underlying dispute or any motion on the merits. Judge Clarke ordered the listed deadlines, filing requirements, and conference arrangements.

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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