Schoolcraft v. The City Of New York et al

Filing 210

RULE 26(f)(3) AMENDED DISCOVERY PLAN: The depositions of the defendants not previously deposed shall be held as set forth herein. Depositions of Non-Party witnesses (identified to date; does not preclude additional non-party depositions) by subpoenas served or to be served as set forth in this Order. The handling of confidential and attorneys' eyes only confidential and/or privileged information continues to be controlled by the Stipulation and Protective Order... Local Rule 33.3(c) interrogatories seeking the claims and contentions of the opposing parties shall be served after the depositions of the parties are completed... Fact discovery shall be completed by March 14, 2014....Plaintiff's expert disclosure shall be made by March 7, 2014 and defendants' expert disclosure shall be made by April 4, 2014. Depositions of plaintiff's expert(s) shall be completed by April 18, 2014 and depositions of defendants' experts shall be completed by May 2, 2014. Any dispositive motions shall be served by June 6, 2014. All dates in this discovery plan are subject to modification. It is expressly understood that the dates for expert discovery are preliminary and may change. The parties have conferred on this Schedule and Agree on the provisions hereof, except as noted above, and submit same to Judge Sweet for his approval. It is so Ordered. (Deposition due by 5/2/2014. Fact Discovery due by 3/14/2014.) (Signed by Judge Robert W. Sweet on 1/9/2014) (ja)

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UNI1ED STATES DISTRICT COURT

SOUTHERN DISTRlCf OF NEW YORK
________________________________:x
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10CV6005(RWS)

ADRIAN SCHOOLCRAFT,

Plaintiff,

Rule 26(f)(3)

Amended Discovery Plan

-against-

tHE CITY OF NEW YORK, et al,
Defendants.

,_ _ _ _ _ _ _ _ _ _ _ _. . _ _ _ _fII" _ _ _ _ _ _ _ _ _ _ _... _ _ _ _ _,

x
The parties submit the following Amended Discovery Plan, pursuant to Federal Rules
of Civil Procedure Rule 26(£)(3). As there are numerous partiesl and scheduling has been
complicated, the defendants agree with the request for the plaintiff for a two month extension
of discovery with the following schedule:

1.

The depositions of the defendants not previously deposed shall be held as

follows. Each deposition shall consist of a maximum of seven hours of actual testimony time.

Party vVitnesses
Deputy Inspector Steven Mauriello:
Dr. Aldana-Bernier:

Dr. Isak leakov:
Jamaica Hospitall\1edical Center;

Date of deposition.

December 20, 2013 10:00 a.m.

January 15~ 2014 at 10:00 a.ill.

January 20, 22 or 24, 2014 at 10:00 a.m.

Notice to be served by plaintiff for 30(b)(6)

depositions

Each deposition shall consist of a maximum of seven hours of actual testimony time. Each
party maintains the right to apply to the court for additional time i£ this is deemed necessary

by that party. It is :further understood that these dates are subject to slight adjustments due

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2.

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Depositions of Non-Parly witnesses (identified to date; does not preclude

additional non-party depositions) by subpoenas served or to be served.
Date of Deposition

January 6,2014 at 10:00 a.m.

January 101 2014 at 10:00 a.m,

Non-Party Witnesses confirmed:

PAA Boston

Brandon DelPozo

Non-Party Witnesses not yet confirmed:

Rasheena Huffman

Catherine Lamstein Psy.D:

Elise Hanlon

Subpoena date for deposition

January 6, 2014 at 2:00 p.rn.

January 8, 2014 at 10;00 a.m.

January 131 2014 at 10:00 a.m.

Each deposition shall consist of a U'laXirnum of seven hours of actual testimony time. Each
party maintains the right to apply to the court for additional time if this is deemed necessary
by that parly. It is further understood that these dates are subject to slight adjustments due

to scheduling conflicts that may arise and due to the availability of witnesses.
3.

The handling of confidential and attorneys' eyes only confidential and/or

privileged information continues to becontrolled by the Stipulation and Protective Order and
Attorneys' Eyes Only Stipulation and Protective Order so-ordered by the Court on October
3,20121,

4.

Local Rule 33.3(c:) interrogatories seeking the claims and contentions of the

opposing parties shall be served after the depositions of the parties are completed. Plaintiff
will respond thereto within twenty days and defendants will respond within twenty days

Plaintiff states that the attomey's-eyes-only designations are too broad, improper,
and are interfering with the plaintiff's ability to prepare for and participate in pre-trial
proceedings. Plaintiff's counsel has raised these objections with the City Defendants and
is in the process of designating the documents that the plaintiffs counsel contends should
not be subject to the attorneyrs-eyes-on)y restriction. As such, the plaintiff objects to this
paragraph of the discovery plan.
1

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after the plaintiff's response2,

5.

Fact discovery shall be completed by March 14, 2014.

6.

.Any expert disclosure not previously made, and the depositions of experts, shall

be scheduled for the two months after the fact discovery is completed. Plaintiff's expert
disclosure shall be made by March 7, 2014 and defendants' expert disclosure shall be made

by April 4, 2014. Depositions of plaintiffs expert(s) shall be completed by Apr:il18, 2014 and
depositions of defendants' experts shall be completed by May 2/2014.
7.

Any dispositive motions shall be served by June 6, 2014.

8.

All dates in this discovery plan are subjecl to modification. It is exprEssly

understood that the dates for expert discovery are preliminary and may change.
9.

The parties have conferred onthis Scltedule and Agree on the provisionshereot

except as noted above, and submit same to Judge Sweet for his approval.
Dated:

New York, New York
December 17,2013

31t is so Ql)rberrb

bf _

The Hon. Robert W. Sweet, V.S.D.J.

(- q-1t­

, l Plaintiff objects to the provision providing for contention interrogatories on the
ground thatthey are UImecessary, unduly broad and burdensome and duplicative of other
pre-trial proceedings and devises.

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