Fils-Aime v. Panera LLC
Fils-Aime v. Panera LLC
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KETTY FILS-AIME, Plaintiff, 23-CV-4071 (DEH) v.
PANERA, LLC, NOTICE OF REASSIGNMENT Defendant.
DALE E. HO, United States District Judge: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court’s Individual Practices, which are available at https://nysd.uscourts.gov/hon-dale-e-ho. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case’s reassignment; provided the conference scheduled for January 18, 2024 (Dkt. No. 10), is rescheduled to February 13, 2024, at 10:00 a.m. ET. The conference will be held over Microsoft Teams. The parties shall join by calling (646) 453-4442 and entering the Conference ID: 630 780 542, followed by the pound (#) sign. Additionally, no later than February 6, 2024, the parties shall submit a joint status letter. The joint letter shall provide the following information in separate paragraphs: (1) 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, whether by trial, settlement or dispositive motion; (2) 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 Title
28, United States Code, Section 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 of the 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. (3) Whether any party intends to file a dispositive motion; (4) Describe the efforts the parties have made to settle the action; (5) A statement confirming that the parties have discussed the use of alternate dispute resolution mechanisms and indicating whether the parties believe that (a) a settlement conference before a Magistrate Judge; (b) participation in the District’s Mediation Program; and/or (c) retention of a privately retained mediator would be appropriate; and (6) Any other information that the parties believe may assist the Court in advancing
the case to settlement or trial, including, but not limited to, a description of any dispositive issue or novel issue raised by the case. If this case has been settled or otherwise terminated, counsel are not required to submit such a letter or to appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the date of the conference, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19 & App’x A, available at https://www.nysd.uscourts.gov/electronic-case-filing. In accordance with the Court’s Individual Practices, requests for an extension or adjournment may be made only by letter-motion filed on ECF and must be received at least two (2) business days before the deadline or conference. The written submission must state (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (5) the date of the parties’ next scheduled appearance before the Court. Unless counsel are notified that the conference has been adjourned, it will be held as scheduled.
SO ORDERED. Dated: October 30, 2023 New York, New York <A
United States District Judge
Reference
- Status
- Unknown