Mason Tenders District Council Welfare Fund v. Blade Contracting, Inc.
- Clarke
- 1:22-cv-09609
- U.S. District Court · Southern District of New York
- 2
In Mason Tenders v. Blade Contracting, Judge Clarke reassigned the case and ordered a status letter by August 25, 2023.
The parties and their counsel, who were required to follow the reassignment, status-letter, and scheduling instructions.
What happened
Mason Tenders District Council Welfare Fund v. Blade Contracting, Inc. was reassigned to Judge Jessica G. L. Clarke. The opinion does not describe the parties’ underlying dispute or the claims and defenses in detail.
The court kept all prior orders, dates, and deadlines in effect unless it later orders otherwise. Any scheduled conference or oral argument before the court was postponed until further notice. The parties were ordered to file a joint letter by August 25, 2023, addressing the case’s status, jurisdiction and venue, deadlines, motions, discovery, settlement discussions, possible alternative dispute resolution, and expected trial length.
Judge Clarke also explained the procedures for requesting extensions or postponements. No status letter or appearance was required if the case had already been settled or otherwise terminated and proof of termination was filed before the deadline. This order addressed case management and did not decide the merits of the dispute.
The detailed version
- Mason Tenders District Council Welfare Fund v. Blade Contracting, Inc. · No. 1:22-cv-09609
- Clarke
- Aug. 14, 2023
Background
The case was reassigned to Judge Jessica G. L. Clarke. The notice does not resolve any underlying claim, defense, or other legal dispute.
Order
The court ordered that, unless it later directs otherwise, all prior orders, dates, and deadlines remain in effect despite the reassignment. Any conference or oral argument currently scheduled before the court was adjourned pending further order. The court also directed all counsel to review Judge Clarke’s individual rules and practices.
The parties were ordered to file a joint letter on the electronic docket no later than August 25, 2023. The letter could not exceed five pages, except that lengthy information about the citizenship of entities and their members, shareholders, partners, or trustees 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 major legal and factual issues; - Why federal jurisdiction and venue are proper, including the basis for diversity jurisdiction if applicable; - Existing deadlines and cutoff dates; - Scheduled but unfinished conferences and their intended subjects; - Outstanding motions and the relief they seek; - Any pending appeals; - Discovery completed and discovery still needed for meaningful settlement discussions; - The status of prior settlement discussions without stating exact offers or demands; - Discussions about settlement conferences, mediation, or a private mediator; - The estimated trial length; and - Any other information that could help move the case toward settlement or trial.
If the case had been settled or otherwise terminated, counsel did not have to file the letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination was filed before the deadline using the appropriate electronic filing event.
Extensions and Postponements
The court stated that requests for extensions or postponements had to be made by a letter-motion filed electronically at least 48 hours before the applicable deadline or conference. The request had to include the original and requested new dates, information about previous requests, the reason for the request, the opposing party’s position, and, when applicable, the date of the next scheduled court appearance. Unless counsel were notified that a conference had been postponed, it would occur as scheduled.
Disposition and Effect
The court issued a reassignment and case-management order. It did not rule on the merits, dismiss any claim, enter judgment, or decide any motion described in the opinion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.