Civil Case Management Plan And Scheduling Order Judge Castel

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x : : Plaintiff(s), : : cv (PKC) -against -: : : AND SCHEDULING ORDER Defendant(s). : : ---------------------------------------------------------------x 1.All parties [consent /do not consent ] to conducting all further proceedings before a MagistrateJudge, including motions and trial. 28 U.S.C. 247 636(c). The parties are free to withhold consentwithout adverse substantive consequences. [If all parties consent, the remaining paragraphs need notbe completed.] 2.This case [is /is not ] to be tried to a jury. 3.Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within days from the dateof this Order. [Absent exceptional circumstances, thirty (30) days.] 4.Initial disclosures, pursuant to Rules 26(a)(1), Fed. R. Civ. P., shall be served not later than days from the date of this Order. [Absent exceptional circumstances, fourteen (14) days.] 5.All fact discovery shall be completed no later than . [A period not toexceed 120 days, unless the Court finds that the case presents unique complexities or otherexceptional circumstances.] 6.The parties are to conduct discovery in accordance with the Federal Rules of Civil Procedure and theLocal Rules of the Southern District of New York. The following interim deadlines may be extendedby the written consent of all parties without application to the Court, provided that all fact discovery iscompleted by the date set forth in paragraph 5 above: a.Initial requests for production of documents to be served by .b.Interrogatories to be served by .c.Depositions to be completed by .d.Requests to Admit to be served no later than . American LegalNet, Inc. www.FormsWorkFlow.com -2- 7.a.All expert discovery shall be completed no later than . [Absent exceptional circumstances, a date forty-five (45) days from the date in paragraph 5, i.e. the completion of all fact discovery.] b.No later than thirty (30) days prior to the date in paragraph 5, i.e. the completion of all fact discovery, the parties shall meet and confer on a schedule for expert disclosures, includingreports, production of underlying documents and depositions, provided that (i) expert report(s)of the party with the burden of proof shall be due before those of the opposing party222sexpert(s); and (ii) all expert discovery shall be completed by the date set forth in paragraph7(a). All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) daysafter the close of fact discovery. 10.a.Counsel for the parties have discussed an informal exchange of information in aid of an early settlement of this case and have agreed upon the following: b.Counsel for the parties have discussed the use of the following alternate dispute resolutionmechanisms for use in this case: (i) a settlement conference before a Magistrate Judge; (ii)participation in the District222s Mediation Program; and/or (iii) retention of a privately retainedmediator. Counsel for the parties propose the following alternate dispute resolutionmechanism for this case: c.Counsel for the parties recommend that the alternate dispute resolution mechanism designatedin paragraph b, be employed at the following point in the case (e.g. within the next sixty days; after the deposition of plaintiff is completed (specify date); after the close of fact discovery) d.The use of any alternative dispute resolution mechanism does not stay or modify any date inthis Order. 11.The Final Pretrial Submission Date is thirty (30) days after the close of fact and expert discovery(whichever is later). By the Final Pretrial Submission Date, the parties shall submit a Joint PretrialOrder prepared in accordance with the undersigned222s Individual Practices and Rule 26(a)(3), Fed. R.Civ. P. Any motions in limine shall be filed after the close of discovery but sufficiently before the Final Pretrial Submission Date to allow all briefing by all parties by the Final Pretrial Submission date; American LegalNet, Inc. www.FormsWorkFlow.com -3- the premotion letter requirement is waived for any such motion. If this action is to be tried before a jury, proposed voir dire, jury instructions and verdict form shall also be filed by the Final Pretrial Submission Date. Counsel are required to meet and confer on a joint submission of proposed jury instructions and verdict form, noting any points of disagreement in the joint submission. Jury instructions may not be submitted after the Final Pretrial Submission Date, unless they meet the standard of Rule 51(a)(2)(A), Fed. R. Civ. P. If the action is to be tried to the Court, all 223Final Pretrial Submissions (Non-Jury)224 described in the Judge222s Individual Practices (at 2665) shall be filed by the Final Submission Date with the schedule for each party222s submission to be agreed upon by the parties. 12.Counsel for the parties have conferred and their present best estimate of the length of trial is:. 13.[Other items, including those in Rule 26(f)(3).] ---------------------------------------------------------------------------------------------------------------------------------- TO BE COMPLETED BY THE COURT: The Plan has been reviewed by the Court and, except as modified, is adopted as the Scheduling Order of this Court in accordance with Rule 16(b), Fed. R. Civ. P. 14.[Other]15.The next Case Management Conference is scheduled for at . American LegalNet, Inc. www.FormsWorkFlow.com -- This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as noted in paragraph 6) shall be made in a written application in accordance with paragraph 1(C) of the Court222s Individual Practices and shall be made no less than five (5) days prior to the expiration of the date sought to be extended. P. Kevin CastelUnited States District JudgeDated: New York, New York American LegalNet, Inc. www.FormsWorkFlow.com