USA Staffing Services LLC v. YDC, Inc.
- Lorna Schofield
- 1:23-cv-08613
- U.S. District Court · Southern District of New York
- 2
In USA Staffing Services v. YDC, Judge Schofield canceled the conference, set deadlines, stayed discovery, and scheduled summary-judgment briefing.
USA Staffing Services LLC and YDC, Inc.; the order also directed the Clerk of Court and governed the parties’ discovery, briefing, and possible settlement proceedings.
What happened
USA Staffing Services LLC v. YDC, Inc. followed Defendant YDC, Inc.’s failure to respond to Plaintiff USA Staffing Services LLC’s pre-motion letter by the deadline set in an earlier order. The court therefore canceled the February 7, 2024, initial pretrial conference, while allowing the parties to request that it be reinstated.
The court required both parties to serve initial disclosures by February 15, 2024, and stayed all other fact discovery until it rules on Plaintiff’s summary-judgment motion. It set deadlines for Plaintiff’s motion, Defendant’s opposition, and Plaintiff’s reply. The court also granted Plaintiff’s request to file an oversized exhibit, subject to a 225-page total limit, and directed the parties to file a joint letter if they want a settlement conference or mediation referral.
Judge Schofield also directed the Clerk of Court to close the motion at Docket 22. The order did not decide the merits of Plaintiff’s anticipated summary-judgment motion.
The detailed version
- USA Staffing Services LLC v. YDC, Inc. · No. 1:23-cv-08613
- Lorna Schofield
- Feb. 1, 2024
Background
An earlier order required YDC, Inc. to file a letter responding to USA Staffing Services LLC’s pre-motion letter by January 31, 2024. That order stated that, if YDC did not respond, the February 7, 2024, initial pretrial conference would be canceled and a briefing schedule for USA Staffing’s summary-judgment motion would be set. The opinion states that YDC did not file the required response.
Court’s Orders
The court ordered that the February 7 initial pretrial conference be canceled. It stated that the parties could inform the court immediately if they believed a conference would still be useful, so that it could be reinstated.
The court ordered each party to serve initial disclosures under Federal Rule of Civil Procedure 26(a)(1) by February 15, 2024. It stayed all other fact discovery while the court considers USA Staffing’s summary-judgment motion.
The court set the following briefing schedule:
- USA Staffing’s summary-judgment motion, limited to 25 pages, was due March 8, 2024. - YDC’s opposition, limited to 25 pages, was due April 9, 2024. - USA Staffing’s reply, limited to 15 pages, was due April 23, 2024.
The court stated that, if YDC did not file an opposition, the motion would be considered fully briefed and USA Staffing could not file a reply. It also stated that an unopposed motion would still require the court to ensure that each asserted material fact was supported by record evidence sufficient to meet USA Staffing’s burden of production.
The court granted USA Staffing’s request to file an exhibit longer than 15 pages, provided that all of USA Staffing’s exhibits together did not exceed 225 pages. Regarding settlement, the court instructed the parties to file a joint electronic filing requesting a referral when they were ready to proceed with a settlement conference before the assigned magistrate judge or with mediation through the court’s mediation program.
Finally, the Clerk of Court was directed to close the motion at Docket 22.
Effect of the Order
This was a case-management order. It set discovery and summary-judgment deadlines and ruled on an exhibit-size request, but it did not decide whether USA Staffing or YDC would prevail on the underlying dispute. Judge Schofield did not rule on the merits of the anticipated summary-judgment motion in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.