New York Wheel Owner LLC v. Mammoet-Starneth LLC

Filing 301

ORDER: Having reviewed the parties' joint letter, the Court is inclined to think that motion practice will indeed be necessary to sort out the implications of the unfortunate realization that there is not complete diversity in this case after al l. Prior to any motion practice, however, the parties shall appear for a telephone conference on October 28, 2020, at 3:00 p.m. to discuss the matter and next steps. The parties should join the conference by calling the Court's dedicated confere nce line at [phone] and using access code 542-1540, followed by the pound (#)key. (Members of the public and press may also attend using the same dial-in information; theywill not be allowed to speak during the conference.) As stated in Rule 2 (C)(ii) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, no later than 24 hours before the conference, the parties shall email the Court a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. And as set forth herein. SO ORDERED., ( Telephone Conference set for 10/28/2020 at 03:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 10/23/2020) (ama)

Case 1:17-cv-04026-JMF Document 301 Filed 10/23/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
NEW YORK WHEEL OWNER LLC, et al.,
:
:
Plaintiffs,
:
:
-v:
:
MAMMOET HOLDING B.V., et al.,
:
:
Defendants.
:
:
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17-CV-4026 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
Having reviewed the parties’ joint letter, the Court is inclined to think that motion
practice will indeed be necessary to sort out the implications of the unfortunate realization that
there is not complete diversity in this case after all. Prior to any motion practice, however, the
parties shall appear for a telephone conference on October 28, 2020, at 3:00 p.m. to discuss the
matter and next steps. Counsel shall confer in advance of the conference and be prepared to
address at the conference: (1) a briefing schedule and structure; (2) what effect the lack of
diversity has on the Court’s prior rulings in this matter; (3) whether, even if the Court could
entertain some of the claims in the case, it would make more sense to adjudicate all claims in a
single forum; and (4) whether there would be a basis to impose fees, costs, or other sanctions on
New York Wheel Owner LLC (or its present or former counsel) for the failure to discover the
lack of complete diversity sooner and/or for the erroneous allegations in the original complaint.
The conference will proceed in accordance with Rule 2(A) of the Court’s Emergency
Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/honjesse-m-furman. The parties should join the conference by calling the Court’s dedicated

Case 1:17-cv-04026-JMF Document 301 Filed 10/23/20 Page 2 of 2

conference line at [phone] and using access code 542-1540, followed by the pound (#)
key. (Members of the public and press may also attend using the same dial-in information; they
will not be allowed to speak during the conference.) As stated in Rule 2(C)(ii) of the Court’s
Emergency Individual Rules and Practices in Light of COVID-19, no later than 24 hours
before the conference, the parties shall email the Court a list of counsel who may speak during
the teleconference and the telephone numbers from which counsel expect to join the call.

SO ORDERED.
Dated: October 23, 2020
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge

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