H&L Contracting LLC v. Jersey Central Power & Light Company

Nature of the Order

This is a case-management and reassignment order, not a decision on the parties’ underlying legal claims. The opinion identifies H&L Contracting LLC as the petitioner and Jersey Central Power & Light Company as the defendant, but it does not provide factual details about the dispute or decide whether either party is entitled to exoneration from or limitation of liability.

Reassignment and Required Filing

The court stated that the case had been reassigned to Judge Clarke. Unless the court later ordered otherwise, all prior orders, dates, and deadlines would remain in effect. The court also stated that it understood the parties would submit a revised proposed Civil Case Management Plan and Scheduling Order.

The court ordered the parties to file a joint letter on the electronic docket by August 30, 2023. The letter could not exceed five pages and had to address twelve categories, including:

- 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 were proper; - existing deadlines and scheduled conferences; - outstanding motions and pending appeals; - discovery completed and discovery still needed for meaningful settlement discussions; - the status of settlement discussions without stating exact offers or demands; - whether the parties had considered mediation, a settlement conference before a magistrate judge, or a private mediator; - the estimated trial length; and - other information that could help move the case toward settlement or trial.

The parties had to attach a proposed Civil Case Management Plan and Scheduling Order using Judge Clarke’s form. The court noted that the parties might seek an extension of previously ordered discovery deadlines.

Extensions and Termination

The court directed that requests for extensions or adjournments be made by letter-motion filed on the electronic docket at least 48 hours before the relevant deadline or conference. The request had to identify the original and requested new dates, prior extension requests and their outcomes, the reason for the request, the opposing party’s position, and, when applicable, the next scheduled court appearance. A conference would remain scheduled unless the parties were notified that it had been adjourned.

If the case had been settled or otherwise terminated, counsel did not have to submit the joint letter or appear, so long as a stipulation of discontinuance, voluntary dismissal, or other proof of termination was filed by the deadline using the appropriate electronic filing event.

Disposition

The court ordered the joint status letter and proposed scheduling plan and maintained prior orders, dates, and deadlines unless changed. It did not grant or deny a merits motion and did not decide the underlying exoneration or limitation-of-liability issues.