Constructure Management, Inc. v. Majmudar et al
MEMORANDUM AND ORDER. Signed by Judge J. Frederick Motz on 9/13/2016. (Attachments: # 1 Tentative Scheduling Order, # 2 Letter to Counsel)(kw2s, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
CON STRUCTURE MANAGEMENT, INC.
MUKESH MAJMUDAR, ET AL.
Civil Action No. JFM-16-2309
This scheduling order is being entered pursuant to Local Rule 103.9. Any inquiries
concerning the schedule should be directed to my chambers, not to the Clerk's Office.
party who believes that any deadline set forth in this Scheduling Order is unreasonable may
request in writing a modification of the Order or that a conference be held for the purpose of
seeking a modification of the Order, and any such request must be made on or before the first
date set forth in Paragraph I below. Thereafter, the schedule will not be changed except for
This case is subject to electronic filing. Please familiarize yourself with the procedures
for electronic filing available at: www.mdd.uscourts.l!Ov.
You must use the electronic filing
system for filing documents with the Clerk and sending case related correspondence to
chambers. When you electronically file a document that, including attachments, is 15 pages
or longer, you also must provide a paper copy of the document and a paper copy of the
notice of electronic filing. The paper copy should be sent to the Clerk's Office, not directly to
Deadline for requests for modification of initial
September 29, 2016:
conference (This request will not postpone
discovery unless otherwise ordered.)
September 29, 2016:
Report about deposition hours
September 29, 2016:
Initial report whether there is unanimous consent
to proceed before a United States Magistrate
September 29, 2016:
Deadline for conference about discovery of
electronically stored information.
(If either or
both parties intend to take such discovery, before
the conference counsel should review the
Principles for the Discovery of Electronically
Stored Information in Civil Cases prepared by a
Joint bench/bar committee published on the
October 28, 2016:
Moving for joinder of additional
amendment of pleadings
Plaintiffs Rule 26(a)(2) disclosures
Defendant's Rule 26(a)(2) disclosures
December 26, 2016:
Plaintiffs rebuttal Rule 26(a)(2) disclosures
January 3, 2017:
Rule 26( e)(2) supplementation of disclosures and
January 26, 2017:
Discovery deadline; submission of status report
February 2, 2017:
Requests for admission
February 27, 2017:
Dispositive pretrial motions deadline
This is an action in which Fed. R. Civ. P. 26(a)(I) disclosures need not be made.
This action is exempted from the requirements of Fed. R. Civ. P. 26(d)(I) and from Fed.
R. Civ. P. 26(1). However, you are encouraged to confer with one another immediately in order
to: (a) identify the issue(s), (b) set a discovery plan, (c) determine if the case can be resolved
before your clients incur further litigation expense, (d) discuss any issues about preserving
discoverable information, and (e) establish a cordial professional relationship among yourselves.
All the provisions of Local Rule 104 apply, including the following:
All discovery requests must be served in time to assure that they are
answered before the discovery deadline. An extension of the deadline will not be
granted because of unanswered discovery requests.
The existence of a discovery dispute as to one matter does not justify
delay in taking any other discovery. The filing of a motion to compel or a motion
for a protective order will not result in a general extension of the discovery
No discovery materials, including
disclosures, should be filed with thc court.
and Rule 26(a)(2)
Motions to compel shall bc filed in accordance with Local Rulc 104.8 and
applicable CM/ECF procedures.
Please be familiar with the Discovery Guidelines of this Court which are
Appendix A to the Local Rules. Appendix D contains guidelines for form
discovery requests and confidentiality orders that may be helpful to you.
Please confer with one another immcdiately conccrning the number of hours of
depositions which you believe arc appropriate. If I have not heard from you by the date set forth
in Section I of this order, each side shall be limited to 10 hours of depositions of fact witnesses
(including parties). (If you agree to another number of deposition hours and notify me of your
agreement, you may consider your agreement approved unless you hear from me to the contrary
within 10 days.) If there are two or more parties on a particular side, they must share the
deposition time allotted to their side unless upon your request I otherwise rule. Any colloquy
engaged in by counsel shall be counted against his/her client's deposition time.
III. STATUS REPORT
Thc parties shall file on the day of the discovery deadline a status report covering the
Whether discovery has been completed;
Whether any motions are pending;
Whether any party intends to file a dispositive pretrial motion;
Whether the case is to be tried jury or non-jury and the anticipated length
A certification that the parties have met to conduct serious settlement
negotiations; and the date, time and place of the meeting and the names of all
persons participating therein;
Whether each party believes it would be helpful to refer this case to
another judge of this court for a scttlement or other ADR conference, either before
or after the resolution of any dispositive pretrial motion;
Whether all parties consent, pursuant to 28 U.S.C. S 636(c), to have a U.S.
Magistrate Judge conduct all further proceedings in this case, either before or
after the resolution of any dispositive pretrial motion, including trial Uury or nonjury) and entry of final judgment.
Any other matter which you believe should be brought to the court's
IV. DISPOSITIVE PRETRIAL MOTIONS
If more than one party intends to file a summary judgment motion, the provisions of
Local Rule I 05.2.c apply.
After motions and responses thereto have been filed, I will advise you if a hearing is to be
V. STATUS AND PRETRIAL CONFERENCES
I will set a scheduling conference after the status report has been filed, unless that report
indicates that one or more of you intends to file a dispositive pretrial motion. In the latter event I
will not set a scheduling conference until after I have ruled upon the motion (or the dispositive
pretrial motion deadline passes without the anticipated motion being filed).
At the scheduling conference:
I will set a deadline for submitting the pretrial order, motions in limine,
proposed voir dire questions and proposed jury instructions;
I will set a pretrial conference date and a trial date; and
I will ask you whether a settlement or other ADR conference with a
judicial officer would be useful, and whether all parties would consent to trial
Uury or non-jury) before a U.S. Magistrate Judge. Please confer with your
client about these matters before the conference so that you are in a position
In any case where attorneys' fees may be sought by the prevailing party, counsel must be
familiar with the provisions of Local Rule 109.2 and the Rules and Guidelines for Determining
Attorneys' Fees in Certain Cases which are Appendix B to the Local Rules.
VII. COMPLIANCE WITH LOCAL RULES AND CM/ECF PROCEDURES
The court will demand compliance with the Local Rules and CM/ECF procedures. If you
need to obtain a copy of the Local Rules or the CM/ECF procedures, they are available on our
website at \\ww.mdd.uscourts.gov.
VIII. COMPLIANCE WITH PRIVACY PROTECTION RULE
Counsel are reminded that the Federal Rules of Civil Procedure were amended, effective
December 1, 2007, with the addition of a new Rule 5.2 which has detailed requirements
requiring the redaction of filings with this court that contain an individual's social security
number, tax payer identification number, or birth date, the name of an individual known to be a
minor, or a financial account number. It is essential that counsel comply with this rule and with
http:// \NWW .mdd. uscourts. gov /news/news/pri vacy memo. pdf.
Date: Click here to cnter a date.
J. Frederick Motz
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?