Kouadio v. BCPE Empire Topco, Inc. et al

Filing 7

ORDER: Under the terms of the Court's August 12, 2024, order at Docket Number 6, the parties were required to submit a joint letter to the Court by August 28, 2024, addressing the following in separate paragraphs, as further set forth herein. Dkt. 6 at 1-2. By that same date, the parties were also required to submit to the Court a proposed case management plan and scheduling order, a template of which is available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Id. at 2. That deadline has passed, and the docket does not reflect the entry of such a joint letter. The Court sua sponte extends the deadline for the joint letter to August 30, 2024. If the parties have not filed a joint letter by that date, the Court will order the parties to appear for a status conference on this matter. SO ORDERED. (Signed by Judge John P. Cronan on 8/29/2024) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------------- X
:
YAO FIDELE KOUADIO,
:
:
Plaintiff,
:
:
-v:
:
BCPE EMPIRE TOPCO, INC., et al.,
:
:
Defendants.
:
:
---------------------------------------------------------------------- X

24 Civ. 5156 (JPC)
ORDER

JOHN P. CRONAN, United States District Judge:
Under the terms of the Court’s August 12, 2024, order at Docket Number 6, the parties were
required to submit a joint letter to the Court by August 28, 2024, addressing the following in
separate paragraphs:
(1)

A brief statement of the nature of the action and the principal defenses thereto;

(2)

A brief explanation of why jurisdiction 1 and venue lie in this Court;

(3)

A brief description of all outstanding motions and/or all outstanding requests to file
motions;

(4)

A brief description of any discovery that has already taken place, and that which will
be necessary for the parties to engage in meaningful settlement negotiations;

(5)

A list of all prior settlement discussions, including the date, the parties involved, and
the approximate duration of such discussions, if any;

(6)

The estimated length of trial; and

(7)

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

1

As Defendants invoke this Court’s diversity jurisdiction in their notice of removal, Dkt.
1 ¶ 1, and one Defendant appears to be a limited liability company, the parties are directed to
address specifically whether the notice of removal sufficiently alleges the citizenship of that
limited liability company. See Catskill Litig. Trust v. Park Place Entm’t Corp., 169 F. App’x 658,
659 (2d Cir. 2006) (“[T]he citizenship of a limited liability corporation is determined by reference
to the citizenship of its members.”); accord Handelsman v. Bedford Village Associates Limited
Partnership, 213 F.3d 48 (2d Cir. 2000).

Dkt. 6 at 1-2. By that same date, the parties were also required to submit to the Court a proposed
case management plan and scheduling order, a template of which is available at
https://www.nysd.uscourts.gov/hon-john-p-cronan. Id. at 2. That deadline has passed, and the
docket does not reflect the entry of such a joint letter. The Court sua sponte extends the deadline
for the joint letter to August 30, 2024. If the parties have not filed a joint letter by that date, the
Court will order the parties to appear for a status conference on this matter.
SO ORDERED.
Dated: August 29, 2024
New York, New York

__________________________________
JOHN P. CRONAN
United States District Judge

2