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

Danso-Appiah v. Burlington Coat Factory of Texas, Inc.

Judge
Clarke
Docket
1:21-cv-09179
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureDiscovery
In one sentence

In Danso-Appiah v. Burlington, Judge Clarke reassigned the case and ordered a remote conference and joint status letter.

Who this affects

The plaintiff, the defendant, and their counsel are affected by the reassignment, conference, joint-letter, and filing requirements.

What happened

Danso-Appiah v. Burlington Coat Factory of Texas, Inc. was reassigned to Judge Jessica G. L. Clarke in the Southern District of New York. The opinion does not decide the parties’ underlying dispute.

The court kept all prior orders, deadlines, and dates in effect unless changed later, while postponing any currently scheduled conference or oral argument. It ordered counsel to attend a remote conference on August 24, 2023, and to file a joint status letter covering issues such as the case’s legal and factual issues, jurisdiction, deadlines, motions, discovery, settlement discussions, and trial length.

Judge Clarke also explained procedures for extensions and adjournments and stated that the conference and letter would not be required if the case was terminated before the deadline or if the parties consented to have a magistrate judge handle the entire case. The order was entered on August 4, 2023.

The detailed version

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

Case
Danso-Appiah v. Burlington Coat Factory of Texas, Inc. · No. 1:21-cv-09179
Judge
Clarke
Date
Aug. 4, 2023

Procedural posture

The case was reassigned to Jessica G. L. Clarke, a United States District Judge. This notice does not resolve any claim or defense and does not address the merits of the dispute.

Orders after reassignment

The court stated that all prior orders, dates, and deadlines would remain in effect unless the court ordered otherwise. Any currently scheduled conference or oral argument before the court was adjourned pending further order. The court also directed counsel to review Judge Clarke’s Individual Rules and Practices.

The court ordered counsel for all parties to appear remotely through Microsoft Teams for a conference on August 24, 2023, at 10:00 a.m. No later than one week before that conference, the parties were ordered to file a joint letter of no more than five pages. The letter must separately address counsel’s current contact information; the nature of the case and principal defenses; major legal and factual issues; the basis for federal jurisdiction and venue; existing deadlines; previously scheduled conferences; outstanding motions; pending appeals; completed and remaining discovery; the status of settlement discussions without exact offers or demands; possible alternative dispute-resolution procedures; estimated trial length; and other information that could help move the case toward settlement or trial.

Exceptions and filing procedures

If the case had been settled or otherwise terminated, counsel would not have been required to file the joint letter or attend the conference if a stipulation of discontinuance, voluntary dismissal, or other proof of termination was filed on the docket before the deadline. If both parties consented to a magistrate judge conducting all proceedings, including trial, judgment, and post-trial proceedings, they could file the required consent and reference notice; in that event, the joint letter and conference would not be required.

Requests to extend deadlines or adjourn conferences had to be made by 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 requests, the reason for the request, the opposing party’s position, and other specified information. Unless counsel were notified that a conference had been adjourned, it would proceed as scheduled.

Disposition

The court entered a reassignment and case-management order. It did not grant or deny a merits motion, dismiss any claim, or enter judgment. The appropriate classification is procedural because the order concerns case administration rather than the parties’ underlying legal dispute.

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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