Ingram v. International Asbestos Removal, Inc.

Nature of the Order

This is a case-management order concerning reassignment of the case. It does not resolve the parties’ underlying claims or defenses.

Reassignment and Existing Schedule

The case was reassigned to Judge Jessica G. L. Clarke. The court stated that, unless it orders otherwise, all prior orders, dates, and deadlines remain in effect despite the reassignment. Any conference or oral argument currently scheduled before the court was adjourned pending further order.

Required Joint Letter

The court ordered the parties to file a joint letter on the electronic docket no later than August 7, 2023. The letter may not exceed five pages, except that lengthy information about the citizenship of certain business entities may be placed in an appendix outside 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 specified citizenship information when jurisdiction is based on diversity of citizenship; - Existing deadlines and cutoff dates; - Previously scheduled conferences that have not occurred; - Outstanding motions and the relief requested; - Pending appeals; - Discovery completed and discovery still needed for meaningful settlement discussions; - The status of settlement discussions without revealing exact offers or demands; - Whether the parties have considered a settlement conference, district mediation, or a private mediator; - 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, the parties did not have to file the letter or appear, provided that proof of termination was filed before the deadline.

Requests for Extensions or Adjournments

The court stated that requests for extensions or postponements must be made through a letter-motion filed electronically at least 48 hours before the relevant deadline or conference. The request must identify the original and requested new dates, prior requests, reasons for the request, the opposing party’s position, and, when applicable, the next scheduled court appearance. Unless the parties are told that a conference has been postponed, it will occur as scheduled.

Disposition

Judge Clarke ordered the joint status letter and provided procedures for extension or postponement requests. The order did not grant or deny a merits motion and did not decide the underlying dispute.