Moses v. National Securities Corporation
Moses v. National Securities Corporation
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHAEL MOSES, Plaintiff, 22 Civ. 08912 (JHR) -v.- ORDER NATIONAL SECURITIES CORPORATION, et al., Defendants. JENNIFER H. REARDEN, District Judge: By June 30, 2023 at 5:00 p.m., the parties shall file a joint letter updating the Court on the status of the case. The joint letter shall not exceed five (5) double-spaced pages, and shall provide the following information in separate paragraphs: 1. The names of counsel and current contact information;
2. A brief statement of the nature of the action and the principal defenses, and the major legal and factual issues that are most important to resolving the case;
3. A brief explanation of why jurisdiction and venue lie in this Court. In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to
28 U.S.C. § 1332, the letter must explain the basis for the parties’ belief that diversity of citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each entity’s members, shareholders, partners, and/or trustees. See, e.g., Handelsman v. Bedford Vill. Assocs. L.P.,
213 F.3d 48(2d Cir. 2000). If this information is lengthy, it may be included in an Appendix to the letter, not to be included in the page limit;
4. A statement of all existing deadlines, due dates, and/or cut-off dates; 5. A statement of any previously scheduled conferences or arguments with the Court that have not yet occurred, and the matters that were to be addressed;
6. A brief description of any outstanding motions, including the date such motions were filed and the nature of the relief sought;
7. A statement and description of any pending appeals; 8. A description of all discovery that has already taken place, including the number of depositions taken by each party and any remaining discovery that is essential in order for the parties to engage in meaningful settlement negotiations; 9. A brief description of the status of prior settlement discussions, without disclosing exact offers and demands; 10. A statement of whether the parties have discussed employing alternative dispute resolution mechanisms and whether the parties believe that (a) a settlement conference before a Magistrate Judge; (b) participation in the District’s Mediation Program; and/or (c) the retention of a private mediator would be productive and, if so, when (e.g., within the next 60 days, after the deposition of the plaintiff is completed, at the close of fact discovery, etc.); 11. Anestimate of the length of trial; and 12. Any other information that the parties believe may assist the Court in advancing the case, including, but not limited to, a description of any dispositive or novel issue raised by the case. The parties’ April 3, 2023 submission to Judge Carter, ECF No. 27, does not absolve them of the requirement to submit a joint letter to the Court, addressing the foregoing topics. SO ORDERED. Dated: June 20, 2023 New York, New York JENMYFER H. REARDEN United States District Judge
Reference
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