Wesco Insurance Company v. Federal Insurance Company
- Clarke
- 1:22-cv-02840
- U.S. District Court · Southern District of New York
- 2
In Wesco Insurance Co. v. Federal Insurance Co., Judge Clarke reassigned the case and ordered a joint status letter by August 9, 2023.
Wesco Insurance Co., Federal Insurance Co., Rosh Management LLC, and their counsel are affected by the reassignment, the August 9, 2023 joint-letter deadline, and the court’s procedures for conferences and extension requests.
What happened
Wesco Insurance Co. v. Federal Insurance Co. was reassigned to a different judge. The court said that existing orders, dates, and deadlines would remain in place unless changed, while any scheduled conference or oral argument was postponed until further notice.
The court ordered the parties to file a joint letter of no more than five pages by August 9, 2023. The letter must update the court on counsel, the case’s issues, jurisdiction and venue, deadlines, motions, appeals, discovery, settlement discussions, possible mediation, and the expected trial length.
Judge Jessica G. L. Clarke also explained the procedure for requesting extensions or postponements. This order addressed case management and did not decide the parties’ underlying dispute.
The detailed version
- Wesco Insurance Company v. Federal Insurance Company · No. 1:22-cv-02840
- Clarke
- July 26, 2023
Background
The case was reassigned to Judge Jessica G. L. Clarke. The opinion does not describe the underlying claims or defenses in detail. It states that, unless the court later orders otherwise, all prior orders, dates, and deadlines remain effective after reassignment. Any conference or oral argument already scheduled before the court was adjourned pending further order.
Order
The court ordered the parties to file a joint letter on the electronic docket by August 9, 2023. The letter may not exceed five pages, except that lengthy information about the citizenship of 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 the basis for diversity of citizenship if applicable; - existing deadlines and cutoff dates; - scheduled court 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, the court’s mediation program, 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 need to file the letter or appear, provided proof of termination was filed by the deadline. The court also stated that requests for extensions or postponements must be made by a letter-motion filed at least 48 hours before the relevant deadline or conference and must provide specified information, including the original and requested new dates, prior requests, the reason for the request, and the opposing party’s position.
Disposition and Significance
Judge Clarke entered a case-management order requiring the joint status letter and setting procedures for extensions or postponements. The order did not grant or deny a dispositive motion, resolve any claim, or decide the underlying dispute. The opinion also directed counsel to familiarize themselves with the judge’s individual rules and practices.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.