Warner v. Hospital for Special Surgery Ambulatory Surgery Center of Manhattan

Nature of the Order

This is a reassignment and case-management order. Judge Jessica G. L. Clarke stated that the case had been reassigned to her. Unless the court ordered otherwise, all prior orders, dates, and deadlines remained in effect. 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 by August 14, 2023. The letter could not exceed five pages, except that lengthy citizenship information could be placed in an appendix outside the page limit. The letter had to address:

- the names and current contact information of counsel; - the nature of the case, principal defenses, and major legal and factual issues; - the basis for federal jurisdiction and venue, including required citizenship information for entities when jurisdiction rests on diversity of citizenship; - all existing deadlines and cutoff dates; - prior and scheduled conferences, to the extent stated in the order; - outstanding motions and the relief requested; - pending appeals; - discovery already completed and discovery still needed for meaningful settlement negotiations; - the status of prior settlement discussions without revealing exact offers or demands; - whether the parties had discussed alternative dispute resolution and whether a settlement conference, district mediation, or private mediation might be appropriate; - the estimated length of trial; and - any other information that might help advance the case toward settlement or trial, including dispositive or novel issues.

If the case had already been settled or otherwise terminated, counsel did not have to file the joint letter or appear, provided that appropriate proof of termination was filed before the deadline.

Extensions and Adjournments

The court stated that requests for extensions or adjournments could be made only through a letter-motion filed on the electronic docket. The request had to be received at least 48 hours before the deadline or conference and had to state the original and requested new dates, prior extension or adjournment requests and their results, the reason for the request, the opposing party’s position, and, when applicable, the date of the next scheduled appearance. Unless the court notified counsel that a conference had been adjourned, the conference would take place as scheduled.

Disposition and Effect

The court did not rule on the merits of the claims or defenses. It reassigned the case and issued instructions for updating the court about the case’s status and managing future deadlines.