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

Echavarria v. Palo Blanco Deli Grocery Corp.

Judge
Clarke
Docket
1:22-cv-07614
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureClass Action
In one sentence

In Echavarria v. Palo Blanco Deli Grocery, Judge Clarke reassigned the case, rescheduled a conference, and ordered a joint status letter.

Who this affects

The plaintiffs, defendants, and their counsel were affected by the reassignment, the new conference date, and the required joint status letter.

What happened

In Echavarria v. Palo Blanco Deli Grocery Corp., the case was reassigned to a new judge. The opinion says that all prior orders, dates, and deadlines would remain in effect unless changed by the court.

The court moved the case-management conference from November 14, 2023, to November 8, 2023, at 10:00 a.m., to be held by Microsoft Teams. It also required the parties to file a joint letter by August 17, 2023, describing the case, jurisdiction, deadlines, motions, discovery, settlement discussions, possible mediation, and other information relevant to moving the case toward settlement or trial.

Judge Jessica G. L. Clarke issued the order on August 4, 2023. The opinion is a case-management order and does not decide the parties’ underlying claims.

The detailed version

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

Case
Echavarria v. Palo Blanco Deli Grocery Corp. · No. 1:22-cv-07614
Judge
Clarke
Date
Aug. 4, 2023

What the order addressed

The court announced that the case had been reassigned to Judge Jessica G. L. Clarke. Unless the court later ordered otherwise, all earlier orders, dates, and deadlines remained in effect, including the order identified as ECF No. 38.

Changed conference date

The court rescheduled the case-management conference from November 14, 2023, to November 8, 2023, at 10:00 a.m. The conference would take place before Judge Clarke through Microsoft Teams. The order directed all counsel to review Judge Clarke’s individual rules and practices.

Joint status letter

The court ordered the parties to file a joint letter through the court’s electronic filing system no later than August 17, 2023. The letter could not exceed five pages, except that lengthy information about the citizenship of entities could be placed in an appendix outside the page limit.

The letter had to address:

- counsel’s names and current contact information; - the nature of the case, principal defenses, and important legal and factual issues; - why federal jurisdiction and venue were proper, including required citizenship information for entities; - existing deadlines and cutoff dates; - previously scheduled conferences that had not yet occurred; - outstanding motions and the relief they sought; - pending appeals; - discovery completed and discovery still needed for meaningful settlement discussions; - the status of settlement discussions without listing exact offers or demands; - whether the parties had discussed mediation or other alternative dispute-resolution options; - 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 have to file the letter or appear at the conference if proof of termination was filed by the deadline. Requests to extend a deadline or adjourn a conference had to be made by a letter-motion filed at least 48 hours before the relevant deadline or conference and had to include the information specified in the order.

Result

This was a procedural case-management order. Judge Clarke did not decide the merits of the claims or defenses.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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