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EMR Graphics LLC v. Paradise, 19 Civ. 4004. (2020)

Court: District Court, S.D. New York Number: infdco20200312640 Visitors: 8
Filed: Mar. 05, 2020
Latest Update: Mar. 05, 2020
Summary: ORDER VICTOR MARRERO , District Judge . Magistrate Judge Cott, to whom this case was referred for pretrial supervision, having notified the Court that the parties did not reach an agreement to settle this action, it is hereby ORDERED that within thirty (30) days of the date of this Order, the parties shall submit to the Court a proposed Case Management Plan (form attached). The Case Management Plan must provide that discovery is to be completed within four months unless otherwise permitt
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ORDER

Magistrate Judge Cott, to whom this case was referred for pretrial supervision, having notified the Court that the parties did not reach an agreement to settle this action, it is hereby

ORDERED that within thirty (30) days of the date of this Order, the parties shall submit to the Court a proposed Case Management Plan (form attached). The Case Management Plan must provide that discovery is to be completed within four months unless otherwise permitted by the Court.

SO ORDERED.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff(s), ____ Civ. ______ (VM) - against - CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER Defendant(s).

This Scheduling Order and Case Management Plan is adopted in accordance with Fed. R. Civ. P. 16-26(f).

1. This case (is) (is not) to be tried to a jury: [circle one]

2. Joinder of additional parties to be accomplished by __________.

3. Amended pleadings may be filed without leave of the Court until __________.

4. Initial disclosure pursuant to Fed. R. Civ. P. 26(a)(1) to be completed within fourteen (14) days of the date of the parties' conference pursuant to Rule 26(f), specifically by not later than __________________________.

5. All fact discovery is to be completed either;

a. Within one hundred twenty (120) days of the date of this Order, specifically by not later than __________________________; or b. Within a period exceeding 120 days, with the Court's approval, if the case presents unique complexities or other exceptional circumstances, specifically by not later than ________________.

6. The parties are to conduct discovery in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of New York. The following interim deadlines may be extended by the parties on consent without application to the Court, provided the parties are certain that they can still meet the discovery completion date ordered by the Court.

a. Initial requests for production of documents to be served by _________________. b. Interrogatories to be served by all party by _________________________________. c. Depositions to be completed by _______________________________________________. i. Unless the parties agree or the Court so orders, depositions are not to be held until all parties have responded to initial requests for document production. ii. Depositions of all parties shall proceed during the same time. iii. Unless the parties agree or the Court so orders, non-party depositions shall follow party depositions when possible. d. Any additional contemplated discovery activities and the anticipated completion date: _____________________________________________________________________. e. Requests to Admit to be served no later than ___________________________.

7. All expert discovery (ordinarily conducted following the completion of fact discovery) including parties' expert reports and depositions, witness lists and identification of documents pursuant to Fed. R. Civ. P. 26(a)(2), (3) and 35(b), is to be completed by:

a. Plaintiff ______________________________________________________________. b. Defendant ______________________________________________________________.

8. Contemplated motions:

a. Plaintiff: _____________________________________________________________. b. Defendant: _____________________________________________________________.

9. Following all discovery, all counsel must meet for at least one hour to discuss settlement, such conference to be held by not later than ______________________________________________________.

10. Do all parties consent to trial by a Magistrate Judge under 28 U.S.C. § 636(c)?

Yes ______ No ______

TO BE COMPLETED BY THE COURT:

11. The next Case Management Conference is scheduled for _________________.

In the event the case is to proceed to trial, a firm trial date and the deadline for submission of the Joint Pretrial Order and related documents shall be scheduled at the pretrial conference following either the completion of all discovery or the Court's ruling on any dispositive motion.

The Joint Pretrial Order should be prepared in accordance with Judge Marrero's Individual Practices. If this action is to be tried before a jury, proposed voir dire and jury instructions shall be filed with the Joint Pretrial Order. No motion for summary judgment shall be served after the deadline fixed for the Joint Pretrial Order.

SO ORDERED.

DATED: New York, New York __________________ ______________________ VICTOR MARRERO U.S.D.J.
Source:  Leagle

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