M-LOGIX, LLC v. DAILY WORLD PRESS, INC.

Filing 14

SCHEDULING ORDER IN AN ARBITRATION CASE: Referring case to Arbitration; Arbitration shall commence no sooner than 11/20/09 unless dispositive motions are filed. Status Conference set for 8/12/2009 09:30 AM before Magistrate Judge Patty Shwartz. Amended Pleadings due by 8/28/2009. Discovery due by 10/15/2009.. Signed by Magistrate Judge Patty Shwartz on 6/3/09. (cs, )

UNITED STATES DISTRICT COURT D I S T R I C T OF NEW JERSEY ____________________________________ : : : : P la in tif f : : v. : : D A I L Y WORLD PRESS, INC. : : : D efen d an t : ____________________________________: M -L O G I X , LLC

C iv il Action No. 09-1676(FSH)

SCHEDULING ORDER IN AN ARBITRATION CASE

T H I S MATTER having come before the Court for a scheduling conference pursuant to Rule 1 6 of the Federal Rules of Civil Procedure on June 3, 2009; and for good cause shown, I T IS on this 3rd day of June, 2008 O R D E R E D THAT: I . ARBITRATION 1. T h is matter is subject/referred to arbitration pursuant to Local R. Civ. P. 201.1. Counsel will receive further instructions and guidelines regarding arbitration directly from the Clerk o f the Court. Arbitration shall commence no sooner than November 20, 2009 unless dispositive m o tio n s are filed. I I . COURT DATES 2. T h e re shall be a telephone status conference before the Undersigned on August 12, 2009 a t 9:30 a.m. Plaintiff shall initiate the telephone call. 3. T h e re will be a settlement conference before the Undersigned on TO BE SET. Trial C o u n s e l and clients with full settlement authority must attend the conference. If the trial counsel and c lie n t with full settlement authority do not appear, the settlement conference may be cancelled or re s c h e d u le d and the noncompliant party and/or attorney may be sanctioned, which may include an a s s e s s m e n t of the costs and expenses incurred by those parties who appeared as directed. III. DISCOVERY AND MOTION PRACTICE 4. a . Fed. R. Civ. P. 26 disclosures are to be exchanged on or before completed.

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D is c o v e ry necessary to engage in meaningful settlement discussions: none.

6. T h e parties may serve interrogatories limited to 25 single questions including subparts a n d requests for production of documents on or before June 25, 2009, which shall be responded to no la te r than August 10, 2009 . 7. T h e number of depositions to be taken by each side shall not exceed 10. No objections to questions posed at depositions shall be made other than as to lack of foundation, form or privilege. See Fed. R. Civ. P. 32(d) (3) (A). No instruction not to answer shall be given unless a privilege is im p lic a te d . The depositions shall be completed no later than October 15, 2009. 8. F a c t discovery is to remain open through October 15, 2009. No discovery is to be issued or engaged in beyond that date, except upon application and for good cause shown. 9. C o u n s e l shall confer in a good faith attempt to informally resolve any and all discovery d is p u te s before seeking the Court's intervention. Should such informal effort fail to resolve the dispute, th e matter shall be brought to the Court's attention via a joint letter that sets forth: (a) the request, (b) the re s p o n s e ; (c) efforts to resolve the dispute; (d) why the complaining party believes the information is re le v a n t and why the responding party's response continues to be deficient; and (e) why the responding p a rty believes the response is sufficient. No further submissions regarding the dispute may be submitted w ith o u t leave of Court. If necessary, the Court will thereafter schedule a telephone conference to resolve th e dispute. No discovery motion or motion for sanctions for failure to provide discovery shall be filed b e fo re utilizing the procedures set forth in these paragraphs without prior leave of Court. A n y unresolved discovery disputes (other than those that arise during depositions) must b e brought before the Court no later than September 10, 2009. The Court will not entertain applications c o n c e rn in g discovery matters, informally or otherwise, after this date. 10. 2009 . 11. A ll dispositive motions shall be discussed in advance of filing with the Undersigned either in person or by teleconference. Any and all dispositive motions must be filed no later than November 1 3 , 2009 and must be comply with Local Rule 7.1. No pretrial dispositive motions will be entertained a fte r that date. Any response must be submitted no later than November 23, 2009 and any reply must b e submitted no later than November 30, 2009 . The return date shall be December 7, 2009 before the H o n . Faith S. Hochberg. Her Honor's chambers will advise the parties if oral argument will be required. I V . EXPERTS 12. 13. A ll affirmative expert reports shall be delivered by none. A ll responding expert reports shall be delivered by none. Any motion to amend pleadings or join parties must be filed not later than August 28,

14. a. All expert reports are to be in the form and content as required by Fed. R. Civ. P. 2 6 (a ) (2)(B). No expert shall testify at trial as to any opinions or base those opinions on facts not s u b s ta n tia lly disclosed in the experts report.

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b. All expert depositions shall be completed by none .

V. MISCELLANEOUS 15. T h e Court may from time to time schedule conferences as may be required, either sua s p o n te or at the request of a party. 16. S in c e all dates set forth herein are established with the assistance and knowledge of c o u n s e l, there will be no extensions except for good cause shown and by leave of Court, even with c o n s e n t of all counsel. Any request to extend any deadline or to adjourn a court event shall be made no la te r than three days before the scheduled date and shall reflect: (1) the good cause the requesting party b e lie v e s supports the extension or adjournment and (2) whether or not all parties consent to the request. Absent unforeseen emergent circumstances, the Court will not entertain requests to extend deadlines that h a v e passed as of the date of the request. 17. A copy of every pleading, document or written communication with the Court shall be s e rv e d on all other parties to the action. Any such communication which does not recite or contain a c e rtific a tio n of such service may be disregarded by the Court. 18. A b s e n t permission from Chambers, communications to the Court by facsimile will not b e accepted. All communications to the Court shall be in writing or by telephone conference. 19. F A I L U R E TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT I N SANCTIONS. s /P a tty Shwartz UNITED STATES MAGISTRATE JUDGE

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