Doncouse v. Orchid Garden Spa Inc.
- Ho
- 1:23-cv-08016
- U.S. District Court · Southern District of New York
- 4
In Doncouse v. Orchid Garden Spa, Judge Ho reassigned the case and moved the initial pretrial conference, while keeping prior orders and deadlines in effect.
Graciela Doncouse, Orchid Garden Spa Inc., the other named defendants, and their counsel are affected by the reassignment, conference schedule, filing deadline, and notice requirements.
What happened
Doncouse v. Orchid Garden Spa Inc. was reassigned to a different judge. The order does not discuss the parties’ claims or defenses or decide any legal issue.
The initial pretrial conference was moved from January 12, 2024, to January 10, 2024, at 3:30 p.m. The parties must file a joint letter and proposed case-management schedule by January 3, 2024, and must discuss settlement and other case-management topics before the conference.
Judge Dale E. Ho ordered counsel to follow his court procedures, notify any parties or lawyers who had not appeared, and file proof of that notice. All earlier orders, dates, and deadlines remain in effect unless the court changes them.
The detailed version
- Doncouse v. Orchid Garden Spa Inc. · No. 1:23-cv-08016
- Ho
- Oct. 26, 2023
Nature of the Order
This is a notice of reassignment and case-management order. The opinion does not decide the merits of Graciela Doncouse’s claims, Orchid Garden Spa Inc.’s defenses, or any other legal issue. It states that the case was reassigned to Judge Dale E. Ho and that prior orders, dates, and deadlines remain in effect unless the court orders otherwise.
Pretrial Conference
The court rescheduled the initial pretrial conference from January 12, 2024, to January 10, 2024, at 3:30 p.m. Eastern Time. The conference will be held through Microsoft Teams. The order states that open legal issues may be addressed at the conference.
Required Filing and Preparation
The parties must confer before the conference about settlement and the subjects covered by Federal Rule of Civil Procedure 16, which governs early case management. By January 3, 2024, they must file a joint letter with a proposed Civil Case Management Plan and Scheduling Order as an exhibit. The letter must address the nature of the action and principal defenses, the basis for jurisdiction and venue, existing deadlines, outstanding motions, completed and needed discovery, the status of settlement discussions, possible alternative dispute-resolution methods, and any other information that could help move the case toward settlement or trial.
The order also gives instructions for requesting extensions or adjournments. If the case has already been settled or otherwise terminated, the parties do not need to file the joint letter or appear if proof of termination is filed before the conference date.
Notice to Other Parties and Counsel
Counsel who had appeared when the order issued must promptly send the order and Judge Ho’s individual practices to counsel for parties who had not appeared. If counsel do not know the identity of another party’s lawyer, they must send those materials directly to that party. They must also file proof that the notice was provided.
Disposition
Judge Dale E. Ho did not grant or deny a motion and did not enter judgment. He issued administrative and scheduling directions for the reassigned case.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.