Basri v. Gordon
- Clarke
- 1:23-cv-01170
- U.S. District Court · Southern District of New York
- 2
In Basri v. Gordon, Judge Clarke reassigned the case and ordered a joint status letter, without deciding the parties’ underlying dispute.
Raymond Basri, Air99 LLC, the other defendants, and their counsel are affected by the reassignment, the joint-letter requirement, and the scheduling procedures.
What happened
In Basri v. Gordon, the case was reassigned to United States District Judge Jessica G. L. Clarke. The order kept prior orders, dates, and deadlines in effect, but postponed any scheduled conference or oral argument until further notice.
The court ordered the parties to file a joint letter by August 16, 2023. The letter must update the court on counsel, the case and jurisdiction, deadlines, motions, appeals, discovery, settlement discussions, possible alternative dispute resolution, trial length, and other information that could help move the case toward settlement or trial.
Judge Clarke did not decide any underlying claims or defenses. The order instead set case-management requirements and explained how to request an extension or postponement.
The detailed version
- Basri v. Gordon · No. 1:23-cv-01170
- Clarke
- July 24, 2023
Nature of the Order
This is a reassignment and case-management order. The opinion does not decide the merits of the dispute, resolve any claim or defense, or rule on any motion.
Reassignment and Existing Schedule
The case was reassigned to Judge Jessica G. L. Clarke. Unless the court orders otherwise, all prior orders, dates, and deadlines remain effective. Any conference or oral argument already scheduled before the court is postponed until further order.
Required Joint Status Letter
The parties must file a joint letter through the court’s electronic filing system by August 16, 2023. The letter may not exceed five pages, except that an appendix containing lengthy jurisdictional information is not counted toward the page limit. The letter must separately 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, including the basis for diversity citizenship when applicable; - existing deadlines and cutoff dates; - previously scheduled conferences that have not occurred; - outstanding motions and the relief they seek; - pending appeals; - discovery already completed and discovery 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 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 if proof of termination is filed on the docket before the deadline.
Extensions and Postponements
The order states that requests for extensions or postponements must be made by a letter-motion filed electronically at least 48 hours before the applicable deadline or conference. The request must identify the original and requested dates, prior requests, the reasons for the request, the opposing party’s position, and other specified scheduling information. Unless the parties are notified that a conference has been postponed, it will proceed as scheduled.
Disposition
The court ordered the joint status letter and established procedures for scheduling requests. Judge Clarke did not reach the merits of the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.