Jonathan O’brien Proskauer

Title: PROSKAUER ROSE LLP, Plaintiff, v. JONATHAN O’BRIEN, Defendant.

Court: United States District Court, S.D. New York

Case Number: 22 Civ. 10918 (AT)

Date: Jan 30, 2023

Fact:

  • The court has issued an order directing all parties in a civil case to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by a specified deadline.
  • Counsel for the plaintiff is instructed to send a copy of the order and the court’s individual practices to all parties.
  • The case has been designated for electronic case filing, and counsel for all parties are required to register as ECF filers and file a notice of appearance.
  • The parties are directed to provide a brief description of the case, including the factual and legal bases for the claim(s) and defense(s), any contemplated motions, and the prospect for settlement.
  • A jointly proposed Case Management Plan and Scheduling Order must be submitted along with the joint letter.
  • Requests for adjournment of the submission deadline will only be considered if made in writing and in accordance with the Court’s Individual Practices.
  • Pre-motion letters are required before filing a motion.
  • If the case has been settled or terminated, counsel must notify the Court and provide proof of termination.

Issue:

  • The issue is to ensure that all parties comply with the court’s directives regarding case management and scheduling by Rule 16 of the Federal Rules of Civil Procedure and the court’s Individual Practices.

Decision:

  • The court has issued specific instructions and deadlines for the submission of a joint letter and a jointly proposed Case Management Plan and Scheduling Order.
  • Counsel for the plaintiff is instructed to distribute copies of the court’s order and individual practices to all parties.
  • Parties are required to register as ECF filers and file a notice of appearance for electronic case filing.
  • The parties must provide a brief description of the case, address any contemplated motions, and discuss the prospect for settlement in the joint letter.
  • A jointly proposed Case Management Plan and Scheduling Order must be submitted along with the joint letter.
  • Requests for adjournment of the submission deadline will only be considered if made in writing and in accordance with the Court’s Individual Practices.
  • Pre-motion letters are required before filing a motion.
  • Counsel must notify the Court if the case has been settled or terminated and provide proof of termination before the submission deadline.

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