The Authors Guild, Inc. et al v. Hathitrust et al
SCHEDULING ORDER: This case is added to the Nov. Tralling trial calendar. Non jury. Estimated number of trial days is 4. no additional causes of action or defenses may be asserted after January 1, 2012. the parties consent to proceed before a United States magistrate for all purposes, pursuant to 28 U.S.C 636(c) and Fed. R.Civ. P. 73? should be asserted. A joint pretrial order may be requested when your trial date is set, and will typically need to be submitted to Chambers from 10 days to 2 weeks prior to trial. Sec my Individual Practices for details. the law Clerk assigned to this case is Jackie 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) (js)
DOC #: - - - : - f - " ,
UNITED STATES DISTRICT COURT
SOtmIERN DlS11UCT OF NEW YORK
HAROLD BAER. Jr., Distrid Judp:
Do the parties consent to proceed before a United States Magistrate for all purposes,
pursuant to 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 conference on notice to all parties, it is hereby ordered that:
Except under circumstances ~ to by the Court:
added to the
Jury _. Non-Jury ¥ Estimated number oftrial days is..!l:::.-. Counsel should not make any other
conunitments during this month.
As a general role. and for your information when filliDa this out prior to the PTC, keep in
mind that all cases will be tried within a reasonable time from the date of this pretrial confereace
(e.g., 7 - 11 months) based on the complexity of the case. I will abide by your choice of month to
try your ease, asswning 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 fonnat. win rarely if ever be changed..
2. No additional parties may bejoined after ~
New parties shall be bound by the deadlines "Iuded in this Pretrial Scheduling Order. If
new parties are joined, the party joining them shall forward 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 insurmountable problem, call Chambers.
3. No addllioaaJ causes of action or defeDses _
4. DIscovery: All discovery sball be commenced immedi9Jeg ~
a~ bar (e.g.
PSLRA) or further Order of the Court, and will be completed by f!1Ii.J.;.~ dQ!b -Any delays
of the Court. Al.JbQ
that threaten this timetable are to be brought immediately to the atten
Court rarely grants extensions. any deIm or dipJtes in the tBIdng of discovm should be mxIted
to the Court immediately.
Where applicable, decisions with IeSpect to disclosure and discovery ofelectronically stored
infonnation, along with privilege issues related to that information, sbalJ be provided to the Court
within 10 dm following the signing of this Order by the Court.
fi full -briefed motions (i.e., moving, opposition aDd reply
. Either party may request (and will be
giVCD a date by Chambers) for~~~~tri[iis~up~to:tttbc;parties. consistent with Federal and/or
Local Rules. to ensure that each
sufficient time to brief their motions by the deadline.
S. Motions: The last
papers) to be in Chambers is
In choosing the last date to submit fuJly briefed motions juxtaposed with your agreed-to trial
month, keep in mind that the Court requires at least 60 days to decide dispositive motions.
6. Expert tatlmony: Disclosure of expert testimony. if any. will be made at least 4S days
before the first day ofthe agreed 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: A joint pretrial order may be requested when YOlD' trial date is set,
and will typically need to be submitted to Chambers from 10 days to 2 weeks prior to trial. Sec my
Individual Practices for details.
8. The law clerk assigned to this case i -W=-~-----"
9. MediatloD: Upon request to C
hers by either side, the Court will schedule and
conduct a settlement conference and/or mediation. The Court will also, upon request, facilitate
mediation lDlder the Court Mediation Program or a settlement conference before your Magistrate
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 accomplished in
direct proportion to how early in the litigation the mediation occurs. Any ADR procedure must
occur within the framework oftbis order.
10. SettiemeDtIDiIeontiDuaaee: Whenever a case is resolved, the parties must submit an
Order of Discontinuance, signed by all parties, before the case will be removed from the trial
calendar. When the parties setde within forty-eight hours of trial or the filing of a dispositive
motion, they ml!Il notifY the Court inunediately of such settlement, and fax to the Court no less
than thirty-six hours prior to their planned appearance an Order of Discontinuance (copy attacbed),
signed by all parties.
11. The parties' signatures below represent their understanding aDd ~ that this
schedule is final and binding upon them unless the Court concludes that extraordinary
circumstances warrant an extension with respect to one or more than one ofthe scheduled dates.