Beverly Hills Teddy Bear Company v. Best Brands Consumer Products, Inc. et al
Filing
268
NOTICE OF REASSIGNMENT: 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-arun-subramanian. Unless and unt il the Court orders otherwise, all prior orders, dates, and deadlines-including the deadlines for the pending summary-judgment motion-shall remain in effect notwithstanding the case's reassignment. Additionally, by September 15, 2023, the part ies are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed five (5) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs, as further set forth herein. If this case has been settled or otherwise terminated, counsel are not required to submit such 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 joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19, available, as further set forth herein. Requests for extensions or adjournme nt may be made only by letter-motion filed on ECF, and must be received at least 48 hours before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appeara nce or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. SO ORDERED. (Signed by Judge Arun Subramanian on 9/11/2023) (vfr)
Case 1:19-cv-03766-AS Document 268 Filed 09/11/23 Page 1 of 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
BEVERLY HILLS TEDDY BEAR
COMPANY,
Plaintiff,
19-CV-03766 (AS)
-againstBEST BRANDS CONSUMER PRODUCTS,
INC., et al.,
NOTICE OF REASSIGNMENT
Defendants.
ARUN SUBRAMANIAN, 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-arun-subramanian. Unless and until the Court orders otherwise, all prior orders, dates, and
deadlines—including the deadlines for the pending summary-judgment motion—shall remain in
effect notwithstanding the case’s reassignment.
Additionally, by September 15, 2023, the parties are hereby ORDERED to file on ECF a
joint letter updating the Court on the status of the case. The joint letter shall not exceed five (5)
pages, and shall provide the following information, to the extent it is relevant, in separate
paragraphs:
1.
Names of counsel and current contact information, if different from the
information currently reflected on the docket;
2.
Per the Court’s Individual Practices, the person serving as Lead Trial Counsel for
each party;
3.
A brief statement of the nature of the case and/or the principal defenses thereto;
Case 1:19-cv-03766-AS Document 268 Filed 09/11/23 Page 2 of 3
4.
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;
5.
A statement of all existing deadlines, due dates, and/or cut-off dates;
6.
A statement of any previously-scheduled conference dates with the Court that
have not yet occurred and the matters that were to be discussed;
7.
A brief description of any outstanding motions, including the date of the motion
and the nature of the relief sought;
8.
A statement and description of any pending appeals;
9.
A detailed statement of all discovery undertaken to date, including how many
depositions each party has taken and what, if any, discovery remains that is
essential for the parties to engage in meaningful settlement negotiations;
10.
A brief description of the status of prior settlement discussions, without
disclosing exact offers and demands;
11.
A statement of whether 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
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Case 1:19-cv-03766-AS Document 268 Filed 09/11/23 Page 3 of 3
mediator would be appropriate and, if so, when in the case (e.g., within the next
60 days, after the deposition of plaintiff is completed, after the close of fact
discovery, etc.) the use of such a mechanism would be appropriate;
12.
An estimate of the length of trial; and
13.
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 or novel issue raised by the case.
If this case has been settled or otherwise terminated, counsel are not required to submit
such 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 joint letter submission deadline,
using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19,
available at http://nysd.uscourts.gov/ecf_filing.php. Requests for extensions or adjournment may
be made only by letter-motion filed on ECF, and must be received at least 48 hours before the
deadline or scheduled appearance, absent compelling circumstances. The written submission
must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s)
requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment
or extension; (4) whether these previous requests were granted or denied; and (5) whether
opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to
consent.
SO ORDERED.
Dated: September 11, 2023
New York, New York
ARUN SUBRAMANIAN
United States District Judge
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