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

Board of Trustees of the I.A.T.S.E. Annuity Fund v. Paradise Square Broadway…

Full caption

Board of Trustees of the I.A.T.S.E. Annuity Fund, Board of Trustees of the I.A.T.S.E. National Health and Welfare Fund, Board of Trustees of the I.A.T.S.E. National Pension Fund, and Board of Trustees v. Paradise Square Broadway Limited Partnership

Judge
Clarke
Docket
1:23-cv-04448
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Board of Trustees v. Paradise Square, Judge Clarke reassigned the case, moved the conference, extended a deadline, and issued preparation instructions.

Who this affects

The parties and their counsel were affected by the reassignment, the new conference date, the extended filing deadline, and the required joint letter, case-management plan, settlement discussions, and electronic-filing registration.

What happened

Board of Trustees of the I.A.T.S.E. Annuity Fund, et al. v. Paradise Square Broadway Limited Partnership, et al. was reassigned to Judge Jessica G. L. Clarke. The opinion does not describe the underlying claims or defenses.

Judge Clarke moved the initial pretrial conference from August 2 to August 3, 2023, and extended the deadline for the parties’ joint status letter and proposed case-management plan to July 27, 2023. The conference was scheduled to occur remotely through Microsoft Teams.

Judge Clarke ordered counsel to confer about settlement and other subjects for the pretrial conference. She also instructed the parties to file a joint letter and proposed case-management plan, and provided requirements for the letter’s contents. The order did not decide the merits of the case.

The detailed version

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

Case
Board of Trustees of the I.A.T.S.E. Annuity Fund v. Paradise Square Broadway… · No. 1:23-cv-04448
Judge
Clarke
Date
July 24, 2023

Nature of the order

This is a notice of reassignment and case-management order. The case was reassigned to Judge Jessica G. L. Clarke. The order does not address the parties’ underlying legal claims, defenses, or the merits of the dispute.

Scheduling changes

Unless the court later orders otherwise, all prior orders, dates, and deadlines remained in effect. The court adjourned the initial pretrial conference from August 2, 2023, to August 3, 2023, at 11:00 a.m. The conference was to be held remotely through Microsoft Teams. The court also extended the deadline for the parties’ joint status letter and proposed case-management plan to July 27, 2023.

Required filings and preparation

The parties were ordered to file a joint letter on the electronic filing system, with a proposed Civil Case Management Plan and Scheduling Order attached, by July 27, 2023. The letter could not exceed five pages, apart from any appendix addressing lengthy information about the citizenship of entities and their members, partners, shareholders, or trustees.

The letter had to address whether the parties could proceed without an initial pretrial conference; the nature of the action and principal defenses; important legal and factual issues; the basis for federal jurisdiction and venue; existing deadlines; outstanding motions; completed and needed discovery; the status of settlement discussions without exact offers or demands; and any other information that could help move the case toward settlement or trial.

Counsel were directed to confer before the conference about settlement and the other subjects covered by Federal Rule of Civil Procedure 16. The court also directed all parties to register promptly as electronic-filing users and told counsel to review Judge Clarke’s individual rules and practices. Any request to extend a deadline or adjourn the conference had to be made by a letter-motion filed at least 48 hours in advance and had to include specified information, including the requested dates, prior requests, reasons, and the opposing party’s position.

Disposition

Judge Clarke reassigned the case, adjourned the initial pretrial conference, extended the filing deadline, and issued the stated case-management instructions. The order did not enter judgment or rule on any claim or motion.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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