BCJ Properties, LLC v. Mt. Hawley Insurance Company

Filing 18

ORDER, It is hereby ORDERED that a telephonic conference will be held on March 27, 2024 at 4:20 p.m. The parties shall call 363-4749 and enter the access code [phone]. Additionally, in accordance with the Court's Individual Rules, the parties are hereby ORDERED to prepare a joint Proposed Civil Case Management Plan and Scheduling Order in the form available at the Court's website (http://nysd.uscourts.gov/judge/Schofield) and append it to their joint letter described below. The parties must propose dates for the various deadlines even if they intend to request a stay of discovery. IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF by March 20, 2024, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this Order. Counsel who have noticed an appearance as of the issuance of this order are directed (i) to notify all other parties attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (ii) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must send a copy of this order and Individual Rules to that party personally. ( Telephone Conference set for 3/27/2024 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 2/6/24) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
BCJ PROPERTIES, LLC,
:
:
:
Plaintiff(s),
:
-against:
:
MT. HAWLEY INSURANCE COMPANY,
:
:
:
Defendant(s),
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24

Civ. 820

(LGS)

ORDER

LORNA G. SCHOFIELD, District Judge:
This case has been assigned to me for all purposes. It is hereby ORDERED that a
at 4:20 p.m.
. T The parties shall call
telephonic conference will be held on March 27, 2024
[phone] and enter the access code 558-3333. The telephonic conference is public, and
the time of the conference is approximate, but the parties shall be ready to proceed by that time.
All pretrial conferences must be attended by the attorney who will serve as principal trial
counsel. The parties shall ensure they are all dialed into the conference call by the appointed
conference time.
All parties are required to register promptly as filing users on ECF. Counsel are further
required to review and comply with the Court’s Individual Rules and Procedures (“Individual
Rules”) (available at the Court’s website, http://nysd.uscourts.gov/judge/Schofield).
Counsel are directed to confer with each other prior to the conference regarding
settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference.
Additionally, in accordance with the Court’s Individual Rules, the parties are hereby ORDERED
to prepare a joint Proposed Civil Case Management Plan and Scheduling Order in the form
available at the Court’s website (http://nysd.uscourts.gov/judge/Schofield) and append it to their
joint letter described below. The parties must propose dates for the various deadlines even if
they intend to request a stay of discovery.
IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF
by March 20, 2024
, not to exceed five (5) pages, providing the following information
in separate paragraphs:
(1)

A brief statement of the nature of the case, the principal claims and 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 statement by plaintiff as to the basis of subject matter jurisdiction and venue,
and a brief statement by each other party as to the presence or absence of subject

matter jurisdiction and venue. Statements shall include citations to relevant statutes;
(3)

In addition, in cases for which subject matter jurisdiction is founded on diversity of
citizenship, the parties shall explain the factual basis for such jurisdiction, including (i)
in the case of a corporation, the principal place of business and place of incorporation,
(ii) in the case of a partnership, limited liability company or trust, the citizenship of
each of the entity's members, shareholders, partners and/or trustees. 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 brief description of any (i) motions that any party seeks or intends to file, including
the principal legal and other grounds in support of and opposition to the motion, (ii)
pending motions and (iii) other applications that are expected to be made at the status
conference;

(5)

A brief description of any discovery that has already taken place, and any discovery
that is likely to be admissible under the Federal Rules of Evidence and material to
proof of claims and defenses raised in the pleadings. (This is narrower than the general
scope of discovery stated in Rule 26(b)(1));

(6)

A computation of each category of damages claimed, see Fed. R. Civ. P.
26(a)(1)(A)(iii);

(7)

A statement describing the status of any settlement discussions and whether the parties
would like a settlement conference; and

(8)

Any other information that the parties believe may assist this Court in resolving the
action.

If this case has been settled or otherwise terminated, counsel are not required to appear,
provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is
sent prior to the date of the conference via email to the Orders and Judgment Clerk at the
following email address: [e-mail].
Any request for an extension or adjournment shall be made only by letter as provided in
Individual Rule I.B.2 and must be received at least forty-eight (48) hours before the deadline or
conference. Unless counsel are notified that the conference has been adjourned, it will be held as
scheduled.
Counsel who have noticed an appearance as of the issuance of this order are directed
(i) to notify all other parties’ attorneys in this action by serving upon each of them a copy of
this order and the Court’s Individual Rules forthwith, and (ii) to file proof of such notice
with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving
this order must send a copy of this order and Individual Rules to that party personally.

2

DATE AND TIME OF TELEPHONIC CONFERENCE: March 27, 2024
IPTC MATERIALS DUE: March 20, 2024
Dated: February 6, 2024
New York, New York

3

at 4:20 p.m.