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S.D.N.Y.Procedural orderFiled Aug. 17, 2023

Davenport v. Sollis Health, P.C.

Judge
Clarke
Docket
1:22-cv-05753
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Davenport v. Sollis Health, Judge Clarke reassigned the case and ordered the parties to file a joint status letter.

Who this affects

The plaintiffs, defendants, and their counsel are affected by the reassignment, the joint-letter requirement, and the procedures for requesting extensions or adjournments.

What happened

Davenport v. Sollis Health, P.C. was reassigned to Judge Jessica G. L. Clarke in the Southern District of New York. The notice does not describe the parties’ underlying claims or defenses in detail.

The court kept prior orders, deadlines, and dates in effect unless it later orders otherwise, but adjourned any currently scheduled conference or oral argument before the court. The parties were ordered to file a joint letter by August 30, 2023, covering the case’s status, jurisdiction and venue, deadlines, conferences, discovery, settlement discussions, possible alternative dispute resolution, trial length, and other information useful to moving the case toward settlement or trial.

Judge Clarke issued an administrative scheduling order and did not decide the underlying dispute, any claim, or any defense. The order also explained how requests to extend deadlines or adjourn conferences must be made.

The detailed version

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

Case
Davenport v. Sollis Health, P.C. · No. 1:22-cv-05753
Judge
Clarke
Date
Aug. 17, 2023

Nature of the order

This is a notice of reassignment and case-management order. The case was reassigned to Judge Jessica G. L. Clarke. The opinion does not resolve the parties’ underlying claims or defenses.

Effect of reassignment

Unless the court orders otherwise, all prior orders, dates, and deadlines remain in effect after reassignment. Any currently scheduled conference or oral argument before the court is adjourned pending further order.

Required joint letter

The parties must file a joint letter on the electronic docket by August 30, 2023. The letter may not exceed five pages, except that lengthy information about the citizenship of entities and their members, shareholders, partners, or trustees may be placed in an appendix outside the page limit.

The letter must address counsel’s current contact information; the nature of the case and principal defenses; the major legal and factual issues; the basis for jurisdiction and venue; all existing deadlines; previously scheduled conferences; the nature of the relief sought; pending appeals; completed and remaining discovery; the status of settlement discussions without exact offers or demands; possible alternative dispute resolution; the estimated trial length; and other information that could help move the case toward settlement or trial.

If the case has already been settled or otherwise terminated, counsel do not have to submit the letter or appear if proof of termination is filed on the docket before the deadline.

Requests to change dates

Requests for extensions or adjournments must be made by a letter-motion filed on the electronic docket at least 48 hours before the applicable deadline or conference. The request must identify the original and requested new dates, prior extension or adjournment requests and their outcomes, the reason for the request, the opposing party’s position, and, when applicable, the next scheduled court appearance. Unless the court gives notice that a conference has been adjourned, it will occur as scheduled.

Disposition

The court entered a reassignment and case-management order. It did not grant or deny relief on the merits of the case.

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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