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S.D.N.Y.Procedural orderFiled Aug. 4, 2023

Radoncic v. ABC Properties Equities LLC

Judge
Clarke
Docket
1:23-cv-00003
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In Radoncic v. ABC Properties, Judge Clarke reassigned the case, rescheduled a status conference, and ordered a joint case-update letter.

Who this affects

The parties and their counsel, who must follow the revised conference date, joint-letter requirement, and procedures for requesting schedule changes.

What happened

Radoncic v. ABC Properties Equities LLC was reassigned to a new judge. The court said existing dates and deadlines would remain in effect unless changed, but moved the status conference from November 1, 2023, to October 31, 2023, at noon, by Microsoft Teams.

The court ordered the parties to file a joint letter no later than one week before the conference. The letter, limited to five pages, must update the court on matters including the case’s issues, jurisdiction and venue, deadlines, motions, appeals, discovery, settlement discussions, alternative dispute resolution, and estimated trial length.

Judge Jessica G. L. Clarke also explained the requirements for requesting an extension or postponement. The order addressed scheduling and case management; it did not decide the parties’ underlying claims or defenses.

The detailed version

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

Case
Radoncic v. ABC Properties Equities LLC · No. 1:23-cv-00003
Judge
Clarke
Date
Aug. 4, 2023

What the order does

This notice states that the case was reassigned to Judge Jessica G. L. Clarke. Unless the court orders otherwise, all existing dates and deadlines remain in effect. The court rescheduled the status conference from November 1, 2023, at 11:00 a.m. to October 31, 2023, at 12:00 p.m. The conference will be held before Judge Clarke by Microsoft Teams.

Required joint letter

The parties must file a joint letter on the court’s electronic filing system no later than one week before the status conference. The letter may not exceed five pages and must separately address:

  1. Counsel’s names and current contact information;
  2. The nature of the case, principal defenses, and major legal and factual issues;
  3. The basis for federal jurisdiction and venue, including the citizenship information required for entities in diversity cases;
  4. Existing deadlines and cutoff dates;
  5. Previously scheduled conferences that have not occurred and the subjects to be discussed;
  6. Outstanding motions and the relief requested;
  7. Pending appeals;
  8. Discovery completed and remaining discovery, including the number of depositions taken by each party;
  9. The status of settlement discussions, without exact offers or demands;
  10. Discussions about alternative dispute resolution, such as a settlement conference, mediation, or a private mediator;
  11. An estimate of the trial length; and
  12. Any other information that could help move the case toward settlement or trial.

If the case has already been settled or otherwise terminated, the parties do not need to file the letter or attend the conference if proof of termination is filed on the docket before the deadline.

Requests to change deadlines

Under Judge Clarke’s individual rules, requests for extensions or postponements must be made by a letter-motion filed electronically at least 48 hours before the deadline or conference. The request must identify the original and requested dates, prior requests, the reasons for the request, the opposing party’s position, and, when applicable, the next scheduled court appearance. Unless the court notifies counsel that a conference has been postponed, the conference will occur as scheduled.

Disposition and significance

This is a scheduling and case-management order. Judge Clarke did not rule on the merits of Radoncic’s claims or the defendants’ 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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