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S.D.N.Y.Procedural orderFiled July 26, 2023

Searcy v. Battery Park City Authority

Judge
Clarke
Docket
1:21-cv-03725
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In Searcy v. Battery Park City Authority, Judge Clarke reassigned the case and ordered a joint status letter by August 9, 2023.

Who this affects

Searcy, Battery Park City Authority, and their counsel were required to comply with the joint-letter and case-management requirements.

What happened

In Searcy v. Battery Park City Authority, the case was reassigned to Jessica G. L. Clarke, United States District Judge. The order states that all prior orders, dates, and deadlines remain in effect unless the Court orders otherwise.

The Court ordered the parties to file a joint letter by August 9, 2023, addressing the case’s status, jurisdiction and venue, deadlines, conferences, motions, appeals, discovery, settlement discussions, alternative dispute resolution, and estimated trial length. The letter could not exceed five pages, except that lengthy jurisdictional information could be placed in an appendix.

Judge Jessica G. L. Clarke also set procedures for extension or adjournment requests. This order managed the case and did not decide the underlying dispute.

The detailed version

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

Case
Searcy v. Battery Park City Authority · No. 1:21-cv-03725
Judge
Clarke
Date
July 26, 2023

Nature of the Order

The case was reassigned to Judge Jessica G. L. Clarke. The Court stated that, unless it ordered otherwise, all prior orders, dates, and deadlines would remain in effect despite the reassignment.

Required Joint Letter

The Court ordered the parties to file a joint letter on the electronic docket by August 9, 2023. The letter could not exceed five pages and had to address, in separate paragraphs:

  1. The names and current contact information of counsel, if changed;
  2. The nature of the case, principal defenses, and major legal and factual issues;
  3. Why federal jurisdiction and venue were proper, including specified citizenship information if jurisdiction was based on diversity of citizenship;
  4. Existing deadlines, due dates, and cutoff dates;
  5. Previously scheduled conferences that had not occurred and the matters to be discussed;
  6. Outstanding motions, including their dates and requested relief;
  7. Pending appeals;
  8. Discovery already completed and discovery still needed for meaningful settlement discussions;
  9. The status of the discovery dispute described in docket entry 29;
  10. The status of prior settlement discussions, without stating exact offers or demands;
  11. Discussions about alternative dispute resolution, including a settlement conference, the District’s Mediation Program, or a private mediator;
  12. The estimated trial length; and
  13. Any other information that could help move the case toward settlement or trial, including dispositive or novel issues.

If the case had already been settled or otherwise terminated, the parties did not have to file the letter or appear if they filed the required proof of termination before the deadline.

Extensions and Adjournments

The Court directed that requests to extend a deadline or postpone a conference be made through a letter-motion filed electronically at least 48 hours before the deadline or conference. The request had to identify the original and requested new dates, prior extension or adjournment requests and their results, the reason for the request, the other side’s position, and, when applicable, the next scheduled court appearance.

Disposition and Effect

Judge Clarke entered a case-management order requiring a joint status update and establishing procedures for requests to change dates. The opinion did not decide the parties’ underlying claims or defenses.

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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