Markowitz v. Securities and Exchange Commission

Nature of the Order

The court issued a notice of reassignment. Judge Jessica G. L. Clarke stated that the case had been reassigned to her and that, unless she ordered otherwise, all prior orders, dates, and deadlines would remain in effect.

Scheduling Changes

The court adjourned Dkt. 8 and extended the deadline for the parties to submit a joint letter under Dkt. 9 to August 23, 2023. It directed counsel to appear for an initial pretrial conference on August 30, 2023, at 10:00 a.m. The conference was scheduled to occur remotely through Microsoft Teams.

The parties were ordered to file the joint letter and a proposed Civil Case Management Plan and Scheduling Order as an exhibit no later than one week before the conference. The letter must address whether the conference is necessary, the nature of the action and defenses, the key legal and factual issues, jurisdiction and venue, existing deadlines, outstanding motions, discovery, settlement discussions, and other information relevant to resolving the case.

Other Directions

Counsel were directed to confer about settlement and the other subjects covered by Federal Rule of Civil Procedure 16, which governs initial case-management conferences. The order also addressed electronic filing registration, procedures for requesting extensions or adjournments, and service of the order and the judge’s individual rules on counsel or parties who had not yet appeared.

If the case had been settled or otherwise terminated before the conference, the parties would not need to submit the joint letter or appear, provided proof of termination was filed on the docket.

Effect

This order concerns case administration and scheduling. It does not resolve the merits of Markowitz’s claims against the Securities and Exchange Commission.