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Case 1:13-cv-05201-KPF Document 2 Filed 07/31/13 Page 1 of 2












KATHERINE POLK FAILLA, United States District Judge:

parties appear for an initial pretrial conference with the Court on October 29, 2013, at 2:45 p.m., in
Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York.


This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all


13 Civ. 5201 (KPF)


All counsel are required to register promptly as filing users on ECF. All pretrial conferences

must be attended by the attorney who will serve as principal trial counsel. Counsel are further required
to review and comply with the Court’s Individual Rules of Practice in Civil Cases (“Individual Rules”)
available at

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 Federal Rule of Civil Procedure 16 conference.
Additionally, in accordance with the Court’s Individual Rules, the parties are hereby ORDERED to
submit via e-mail ([email protected]) a Proposed Civil Case Management
Plan and Scheduling Order in PDF format by Thursday of the week prior to the initial pretrial
conference. The parties shall use this Court’s form Proposed Civil Case Management Plan and
Scheduling Order, which is also available at Any open legal
issues can be addressed at the conference.

IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan and

Scheduling Order, the parties jointly submit a letter, not to exceed five pages, providing the following
information in separate paragraphs:



A brief statement of the nature of the action, the principal defenses thereto, and the major
legal and factual issues that are most important to resolving the case, whether by trial,
settlement, or dispositive motion;

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

USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: _________________ DATE FILED:______________ 07/31/2013Case 1:13-cv-05201-KPF Document 2 Filed 07/31/13 Page 2 of 2

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. See, e.g., Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d
48 (2d Cir. 2000).

A statement of all existing deadlines, due dates, and/or cut-off dates;

A brief description of any outstanding motions;

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

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

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 issue
or novel issue raised by the case.






In accordance with the Court’s Individual Rules and Practices, requests for an extension or

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 sent prior to the date of the conference via e-mail to the Orders and Judgments Clerk at
the following e-mail address: [email protected]

adjournment may be made only by letter and must be received at least 48 hours before the deadline or
conference. The written submission must state (1) the original date(s); (2) the number of previous
requests for adjournment or extension; (3) whether these previous requests were granted or denied;
(4) the reason for the current request; and (5) whether the adversary consents and, if not, the reasons
given by the adversary for refusing to consent. Unless counsel are notified that the conference has been
adjourned, it will be held as scheduled.

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 (2) 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 forthwith send a copy of this
order and the Court’s Individual Rules to that party personally.

Dated: July 31, 2013

United States District Judge

Counsel who have noticed an appearance as of the issuance of this order are directed (1) to notify


New York, New York