Scheduling Order (Judge Forrest)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X _______________________________________________ : _______________________________________________ : Plaintiff(s), : : -v: _______________________________________________ : _______________________________________________ : Defendant(s). : ---------------------------------------------------------------------- X KATHERINE B. FORREST, District Judge: ____ Civ. ______ (KBF) SCHEDULING ORDER The parties propose the following schedule for this matter: 1. All parties [do / do not ] consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. 1 Amended pleadings may not be filed, and no party may be joined, without leave of Court more than 10 days after the filing of this Order or the filing of a responsive pleading, whichever occurs first. Close of fact discovery: ___________________. [within 6 months unless the case is particularly complex] Close of expert discovery: ___________________. [25 days after the close of fact discovery for all but the most complex cases; for particularly complex cases, 60 days after the close of fact discovery; the parties are to negotiate interim dates regarding expert witnesses] The parties contemplate experts in this matter for the following subject(s): _________________________________________________. 5. [For F.L.S.A. actions only] Plaintiff(s) [do / do not ] anticipate making a motion for conditional certification of a collective action under 29 U.S.C. § 216(b). Plaintiff(s) shall include a proposed notice with the opening brief. 2. 3. 4. If all parties so consent, they should execute a consent form (available at http://www.nysd.uscourts. gov/file/forms/consent-to-proceed-before-us-magistrate-judge) and submit it to the Court via e-mail, along with this proposed order. 1 American LegalNet, Inc. www.FormsWorkFlow.com Section 216(b) proposed briefing schedule: Opening: __________________ [30 days after initial conference] Opp'n: __________________ [21 days after opening brief] Reply: __________________ [7 days after opposition brief] 6. Motions may be brought at any time. The last opportunity to file any motion (other than in limine and Daubert motions) are set forth below. Proposed briefing schedule: Opening: __________________ [no later than 14 days following item 3] Opp'n: __________________ [generally 21 days after opening brief] Reply: __________________ [generally 7 days after opposition brief] 7. Trial [will / will not ] be before a jury. 2 DO NOT FILL IN BELOW. THE COURT WILL SET ITEMS 8-11. 8. The next status conference is set for ________________ at ________. 9. Pretrial materials, including the Joint Pretrial Order ("JPTO"), are due: ______________________. 10. The Final Pretrial Conference ("FPTC") is set for ____________ at _______. Motions in limine are due two weeks before FPTC; oppositions are due one week later. Daubert motions are due four weeks before FPTC; oppositions are due two weeks later. (No replies.) 3 11. Trial in this matter shall commence on ______________. Trial is anticipated to take ______________ [days / weeks]. Settlement discussions must occur in parallel to this schedule (schedule will not be adjourned, except in very unusual situations, for settlement discussions). SO ORDERED. Dated: New York, New York _______________, 2017 __________________________________ KATHERINE B. FORREST United States District Judge Checking this box does not constitute a formal jury demand under Fed. R. Civ. P. 38(b). It serves a purely administrative function. 3 Deadlines for motions in limine and Daubert motions are generalized and subject to change. The parties may request to modify the schedule if desired. 2 American LegalNet, Inc. www.FormsWorkFlow.com