Ramos v. Quiros et al
Filing
59
ORDER : See attached scheduling order, 8 pages. All discovery must be completed (not propounded) by 8/29/2014, any request for a prefiling conference for the filing of a dispositive motion must be requested by 7/14/2014; the parties' joint status report is due 5/27/2014, the Joint Trial Memorandum is due 11/26/2014, and the case will be considered trial ready as of December 2014. Signed by Judge Donna F. Martinez on 2/27/14.(Constantine, A.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
MIGUEL RAMOS,
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:
:
:
:
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Plaintiff,
V.
ANGEL QUIROS, et al.,
Defendants.
Case No. 3:11CV1616(RNC)
SCHEDULING ORDER REGARDING CASE MANAGEMENT PLAN
The following dates are hereby adopted as reasonable and
appropriate to serve the purposes of Fed. R. Civ. P. 1:
1.
Discovery Deadline:
relating
to
expert
All discovery, including all discovery
witnesses,
propounded) by August 29, 2014.
will
be
completed
(not
just
Discovery requests must be served
sufficiently in advance of the discovery cut-off date to allow
reasonable time to comply with the request before the cut-off date.
The pendency of a motion to compel or for a protective order does
not extend the period for completing other discovery. In addition,
the
filing
of
a
motion
to
dismiss
does
not
stay
discovery.
Discovery will not be stayed except pursuant to a motion to stay
demonstrating that the motion to dismiss is likely to be granted
and will moot the need for discovery.
2.
Discovery Relating To Expert Witnesses: An expert witness is
anyone, including a treating physician, who may be used at trial to
present evidence under Rules 702, 703, or 705 of the Federal Rules
of Evidence.
Unless otherwise ordered, a party intending to call
an expert witness must disclose a report signed by the witness
containing the information required to be disclosed by Fed. R. Civ.
P. 26(a)(2)(B) or (a)(2)(C), whichever applies.
All such expert
reports will be disclosed by plaintiff on or before May 30, 2014,
and any such experts will be deposed on or before June 30, 2014.
All such expert reports will be disclosed by defendant on or before
July 31, 2014, and any such experts will be deposed by August 29,
2014.
3.
Damages Analysis: Any party with a claim or counterclaim for
damages will serve a damage analysis on or before April 28, 2014.
4.
Motions
to
Compel:
Any
motion
for
an
order compelling
disclosure or discovery pursuant to Fed. R. Civ. P. 37(a) must be
filed within 30 days after the due date of the response.
Failure
to file a timely motion in accordance with this scheduling order
may constitute a waiver of the right to file a motion to compel.
NOTE: All discovery issues should be resolved in good faith by
counsel in accordance with their obligations under the Federal and
Local Rules of Civil Procedure. Before filing any motion relating
to discovery, the parties are required to jointly confer with the
Court by telephone, 860-240-3659.
5.
Joint Trial Memorandum: A joint trial memorandum in the form
described in the attached instructions will be filed on or before
November 26, 2014.
Counsel signing the memorandum must certify
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that it is the product of consultation between the lawyers who will
be trying the case.
6.
Trial Ready Date:
The case will be placed on the trial ready
list for December 2014.
7.
Dispositive Motions:
No dispositive motion will be filed
unless a prefiling conference is requested.
Any request for a
prefiling conference must be submitted in the form of a letter to
the court (with copies to all counsel of record or pro se parties)
briefly describing the nature and basis of the proposed motion.
Except
in
cases
involving
pro
se
parties,
no
request
for
a
prefiling conference may be submitted unless the attorney making
the
request
has
conferred
with
other
counsel
of
record
and
discussed the proposed motion in a good faith effort to clarify the
issues, eliminate or reduce the area of controversy and arrive at
a mutually satisfactory resolution. Cf. D. Conn. L. Civ. R. 37(2)
(requiring counsel to confer before filing motions relating to
discovery disputes). Except in cases involving pro se parties, any
request for a prefiling conference must include a statement that
the attorney submitting the request has conferred with other
counsel and must briefly describe the results of the conference.
To be timely, any request for a prefiling conference regarding a
motion for summary judgment must be submitted on or before July 14,
2014.
Failure to submit a timely request may result in a waiver of
the right to file a summary judgment motion.
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If a summary judgment
motion is filed, the joint trial memorandum will be due 30 days
after a ruling on the motion.
8.
Joint Status Reports of Counsel:
A joint status report of
counsel will be submitted on or before May 27, 2014.
The report
will address the matters listed in the attached summary.
status
reports
of
counsel
addressing
those
matters
Joint
will
be
submitted every 90 days thereafter until the case is resolved.
9.
Extensions of Time:
All dates set forth in this order are
firm and will be extended only for good cause.
standard
requires
a
particularized
showing
The good cause
that
despite
due
diligence, the party seeking the extension could not comply with
this order. Because of the importance of the discovery deadline to
the entire schedule, and the generous amount of time for discovery
permitted by the discovery deadline of August 29, 2014, motions to
extend the discovery deadline are unlikely to be granted.
Counsel will provide their clients with a copy of this order.
It is so ordered.
Dated at Hartford, Connecticut this 27th day of February 2015.
/s/
Donna F. Chatigny
United States Magistrate Judge
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STATUS REPORT INSTRUCTIONS
RE: CASE NO 3:11CV1616(RNC)
____________________________
TO: COUNSEL OF RECORD:
_____________________________
ON OR BEFORE May 27, 2014,
THE PARTIES SHALL FILE WITH THE COURT A JOINT STATUS REPORT,
STATING THE FOLLOWING:
a. THE STATUS OF THE CASE, IDENTIFYING ANY PENDING OR
ANTICIPATED MOTIONS AND ANY CIRCUMSTANCES POTENTIALLY INTERFERING
WITH THE PARTIES' COMPLIANCE WITH THE SCHEDULING ORDER, AS WELL AS
A DETAILED STATEMENT OF ALL DISCOVERY UNDERTAKEN TO DATE, INCLUDING
HOW MANY DEPOSITIONS EACH PARTY HAS TAKEN AND THE SPECIFIC
DISCOVERY THAT REMAINS TO BE COMPLETED;
b. ANY INTEREST IN REFERRAL FOR SETTLEMENT PURPOSES TO A
UNITED STATES MAGISTRATE JUDGE OR THE DISTRICT COURT'S SPECIAL
MASTERS PROGRAM;
c. WHETHER THE PARTIES WILL CONSENT TO EITHER A JURY TRIAL OR
A BENCH TRIAL BEFORE A MAGISTRATE JUDGE; AND
d. THE ESTIMATED LENGTH OF TRIAL.
BY ORDER OF THE COURT
ROBIN D. TABORA, CLERK
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Joint Trial Memorandum Instructions
The parties will jointly prepare and file for approval by the
Court a joint trial memorandum. Counsel signing the memorandum
must certify that it is the product of consultation between the
lawyers who will be trying the case. The memorandum will be in the
form prescribed by the District Court's Standing Order Regarding
Trial Memoranda in Civil Cases (see Local Rules of Civil
Procedure), and must be certified that it is a joint product of
consultation between the lawyers trying the case, with the
following modifications:
a.
Witnesses: Set forth the name and address of each
witness to be called at trial.
Provide a brief summary of the
anticipated testimony of each witness and an estimate of the
probable duration of his or her testimony (e.g. less than one hour,
two to three hours, one full day). For each expert witness, set
forth the opinion to be expressed, a brief summary of the basis of
the opinion and a list of the materials on which the witness
intends to rely. If a party objects to all or any part of the
anticipated testimony of any witness, lay or expert, the objection
must be stated in this section of the joint memorandum so that it
can be addressed prior to trial.
b.
Exhibits:
The parties will prepare the list of
exhibits required by the Standing Order.
The list must
specifically identify each exhibit by providing a brief description
of the exhibit. The exhibits will be listed in numerical order
starting with Plaintiff's Exhibit 1 and Defendant's Exhibit 1. If
a party has an objection with regard to a designated exhibit, the
objection must be stated in this section of the joint memorandum or
it will be waived.
Each party will prepare an original set of
exhibits, plus a duplicate copy for the Court and every other
party, marked with exhibit tags provided by the Clerk.
The
duplicate sets of exhibits must be submitted to the Court not later
than the day before the final pretrial conference. Counsel will
retain the original set of exhibits for use at trial.
c.
Jury Instructions: In jury cases, the parties will
meet and confer for the purpose of preparing and filing tailored
jury instructions on the elements of the parties’ claims and
defenses.
The proposed instructions will be submitted as an
attachment to the joint trial memorandum. If the parties cannot
agree as to the appropriateness of a particular instruction, each
party must submit a proposed instruction supported by a brief
explanation of its position, including citation to applicable
authority.
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d.
Anticipated Evidentiary Problems: The parties will
attach motions in limine with memoranda of law concerning any
anticipated evidentiary problems.
e.
Verdict Form: In jury cases the parties will submit
as an exhibit to the joint trial memorandum a proposed verdict form
suitable for submission to a jury. The form may require the jury
to return a special verdict with special findings as permitted by
Fed. R. Civ. P. 49(a) or a general verdict with or without written
interrogatories as permitted by Fed. R. Civ. P. 49(b).
If the
parties are unable to agree as to the appropriateness of a proposed
form, the objecting party must state the basis for the objection
and provide an alternative proposal.
f.
Courtroom Technology:
List all equipment to be
used during trial, including any equipment already installed in the
courtroom (see attached list), and any arrangements that have been
made for shared use of equipment; list any backup equipment that
will be available in the event of an equipment failure; identify
any presentation software to be used during trial, and state
whether each party is able to receive and use digital files of
presentation materials prepared by the other; and describe any
expected use of videoconferencing. Any request for Courtroom
Technology must be received by the Clerk's office two weeks prior
to the scheduled hearing.
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Courtroom 3 Equipment List
Widescreen LCD Monitors at the following locations:
Counsel Tables
Witness Stand (Touch Annotation for marking documents)
Jury Box
Judge's Bench
Lectern (Touch Annotation for marking documents)
Court Reporter
Law Clerk
46" Wall mounted LCD Displays for Gallery Viewing
Document Came(Elmo)
Blu-Ray/DVD Player
VGA & HDMI Inputs at Lectern
VGA & HDMI Inputs at Counsel Tables
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