Ormello v. A. Biancardi & Sons, Inc.

Background

The case was reassigned to Judge Jessica G. L. Clarke. The notice states that all prior orders, dates, and deadlines—including Docket No. 28—would remain in effect unless the court ordered otherwise. The opinion does not describe the underlying claims or defenses in detail.

Order

The court ordered the parties to file a joint letter on the electronic docket no later than August 7, 2023. The letter could not exceed five pages, except that a necessary appendix concerning entity citizenship would not count toward that limit. The parties were required to provide separate paragraphs addressing:

- 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 if jurisdiction was based on diversity of citizenship; - existing deadlines and cutoff dates; - previously scheduled conferences that had not occurred; - outstanding motions and the relief requested; - pending appeals; - discovery completed and remaining discovery needed for meaningful settlement discussions; - the status of prior settlement discussions without revealing exact offers or demands; - whether alternative dispute resolution, such as a settlement conference, mediation through the district’s program, or a private mediator, would be appropriate; - the estimated trial length; and - any other information that could help move the case toward settlement or trial.

If the case had already been settled or otherwise terminated, counsel did not have to file the letter or appear, as long as proof of termination was filed before the deadline.

Extension and Adjournment Requests

The court stated that requests for extensions or adjournments had to be made by a letter-motion filed on the electronic docket at least 48 hours before the relevant deadline or conference. The request had to identify the original and requested new dates, prior requests and their outcomes, the reason for the request, the opposing party’s position, and, when applicable, the next scheduled court appearance. Unless the court notified counsel that a conference had been adjourned, it would take place as scheduled.

Disposition and Significance

This was a procedural case-management order. Judge Jessica G. L. Clarke did not decide the parties’ claims, defenses, jurisdiction, or any motion on the merits.