The Authors Guild, Inc. et al v. Hathitrust et al
PRETRIAL SCHEDULING ORDER: The parties do not consent to proceed before a United States Magistrate for all purposes. Case added to the November trailing Trial Calendar. Non jury 4 day trial. Amended Pleadings due by 1/1/2012. Joinder of Parties due by 1/1/2012. Motions due by 7/20/2012. Discovery due by 5/20/2012. (Signed by Judge Harold Baer on 11/19/2011) (cd)
DOC #: _ _--'__
SOtrrHERN DlSTRlCT OF NEW YORK
HAROLD BAER, Jr., Distriet Judge:
Do the parties consent to proceed before 8 United States Magistrate for all purposes,
28 U.S.C. § 636(c) and Fed. R. Civ. P.731
Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, after holding an initial
pretrial confen:nce on notice to all parties, it is hereby ordered that:
Except under clrcumstances agreed to by the Court:
added to tbe
Jury _. Non.Jwy.r: Estimated number of mal days is~. Counsel should not make any other
conunitmcnts during this month.
As a general rule. and for your information when filling this out prior to the PTC. keep in
mind that all cases will be tried within a reasonable time from the date of this pretriaJ conference
(e.g., 7 - 11 months) based on the complexity of the case. I will abide by your choice of month to
try your case, assuming I deem it to be a reasonable time. Keep in mind the quid pro quo is that the
month you choose. due to my trailing trial calendar format, will rarely if ever be changed.
2. No additional parties may be joined after
New parties shall be bound by the deadlines
in this Pretrial Scheduling Order. If
new parties are joined, the party joining them shall fmward to them a copy of this Pretrial
Scheduling Order and offer to provide them with access to all previously taken discovery. Should
this pose a seemingly insurmowrtable problem. call Chambers.
3. NOaddilionaJ ......Ofactionor _ _ bc _ _
4. DIscovery: All discovery shall be commenced immedi*!Y.~ a~ bar (e.g.
PSLRA) or further Order of the Court, and will be completed by ~ dOll. -Any delays
that threaten this timetable are to be brought immediately to the attcn
of the Court. ~
grants extensions. III!Y delays or
in the taldP& of discovm should be rggtcd
to the Court immediately.
Where applicable, decisions with respect to disclosure and discovery of electronically stored
information. sbaU be provided to the Court
within 10 dm fonowing the signinc of this Order by the Court.
information, along with privilege issues related to that
S. Modo...: The last
motions (i.e., moving. opposition aDd reply
papers) to be in Chambers is
. Bither party may request (and will be
given a date by Chambers) for~~;d~t"iriis:up~to;dtbe;·panies. consistent with Federal and/or
Local Rules. to ensure that eacll
sufficient time to brieftbeir motions by the deadline.
In choosing the last date to submit fUlly briefed motions juxtaposed with your agrced-to trial
month, keep in mind that the Court requires at least §O elm to decide dispositive motions.
6. Expert teItImoay: Disclosure of expert testimony, if any. will be made at 1east 4S d8)'1
before the first day of the aped to trial month. Evidence intended to contradict or rebut the subject
matter of the expert testimony will be submitted within 21 calendar days after the disclosure made
by the other party subject only to further order of this Court.
7. JoiDt Pretrial Order: Ajoint pretrial order may be requested when YOlD' trial date is set,
and will typically need to be submitted to Chambers &om 10 days to 2 weeks prior to trial. See my
Individual Practices for details.
9. MedJa1ion: Upon request to
bers by either side, the Court will schedule and
conduct a settlement conference and/or mediation. The Court will also, upon request. facilitate
mediation under the Court Mediation Program or a settlement conference before YOlD' Masistrat.e
Judge. In the case of a mediation to be conducted by the Court:. all parties must bring their
respective clients to the mediation. Keep in mind., closure. for the most part, is aa:omplisbed in
dUect proportion to bow early in the litigation the mediation occurs. Any ADR procedure must
occur within the framework of this order.
10. SettlelDeatlDileondnuance: WbeDcver a case is resolved, the parties must submit an
Order of Discontinuanee, signed by all parties. before the case: will be removed from the trial
calendar. Whtm the parties settle within forty-eigbt hours of trial or the filing of a dispositive
modon, the)' m1!Il notify the Court immediately of sueh SCUlement, and fax to the Court DO less
than thirty~six hours prior to tbeir planDec:l appearance an Order of Discontinuance (copy attaeheci).
signed by all parties.
11. The parties' signatures below represent thoit understanding aDd ~ that this
schedule is final and binding upon them unless the Court concludes that extraordinary
cin;umstances warrant an oxtcnsion with respect to one or more than one of tile scheduled date8.