Schoolcraft v. The City Of New York et al

Filing 234

RULE 26(F)(3) AMENDED DISCOVERY PLAN: ( Deposition due by 9/12/2014., Fact Discovery due by 6/14/2014., Motions due by 8/25/2014., Pretrial Order due by 10/1/2014. Responses due by 9/22/2014., Replies due by 9/30/2014.) Trial 10/13. (Signed by Judge Robert W. Sweet on 3/25/2014) (lmb)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ADRIAN SCHOOLCRAFT,
10CV6005(RWS)
Plaintiff,
-against-

Rule 26(£)(3)
Amended Discovery Plan

THE CITY OF NEW YORK, et al.,
Defendants.
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The parties submitthe following Amended Discovery Plan, pursuantto Federal Rules
of Civil Procedure Rule 26(£)(3). The dates are from the Court conference of March 13,2014,
and communications between counsel after the March 13, 2014 court appearance.
1.

The depositions of the following parties and nopn-partywitnesses will proceed

as set forth below. Each deposition shall consist of a maximum of seven hours of actual
testimony time.
Witnesses

Date of deposition

Captain Timothy Trainor
Lt. William Gough
Sgt. Frederick Sawyer
Sgt. Kurt Duncan
Sgt. Shantel James
DI Steven Mauriello
Jessica Marquez (JHC EMT)
Sal Sangianetti (JHC EMT)
Christopher Broschart
City of NY
Sgt. Steven M. Weiss
Jamaica Hospital

April 10, 2014
Apri111, 2014
April 25, 2014
April 28, 2014
May 12, 2014
May 13, 2014
May 14,2014
May 15, 2014
May 16, 2014
May 28, 2014
May 29, 2014
May 30, 2014

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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 if this is deemed necessary
by that party. It is further understood thatthese dates are subject to slight adjustments due
to scheduling conflicts that may arise and due to the availability of witnesses.

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

privileged information continues to be controlled by the Stipulation and Protective Order and
Attorneys I 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
after the plaintiff's response.
5.

Fact discovery shall be completed by June 14,2014.

6.

Anyexpertdisclosurenotpreviouslymade, and the depositions ofexperts, shall

be scheduled for the two months after the fact discovery is completed. Plaintiff's expert
disclosure shall be made by June 30, 2014 and defendants' expert disclosure shall be made by

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July 28,2014. Depositions of plaintiff's expert(s) shall be completed by Aue-H:3t29, 2014 and
depositions of defendants' experts shall be completed by September 12, 2014. Expert
disclosure shall be completed no later than September 19,2014.
7.

Any dispositive motions shall be servh~ to be returnable on October 1, ;0~4./_

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1 Plaintiff states that the attorney'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 plaintiff's counsel contends should
not be subject to the attorney's-eyes-only restriction. As such, the plaintiff objects to this
paragraph of the discovery plan.

2 Plaintiff objects to the provision providing for contention interrogatories on the
ground that they are unnecessary, unduly broad and burdensome and duplicative of other
pre-trial proceedings and devises.

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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.
9.

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.
Dated:

New York, New York
March 25, 2014

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~~Hon. Robert W. Sweet, U.s.D.J.

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