Windsor v. The United States Of America
Filing
22
REVISED SCHEDULING ORDER: Plaintiff's summary judgment Motions due by 7/15/2011 (unless the House has not identified any experts pursuant to paragraphs 5 and 6 above, in which case plaintiff's motion for summary judgment shall be filed on or before June 24, 2011); Responses due by 8/15/2011; Replies due by 9/2/2011. All fact and Expert Discovery due by 7/11/2011. (Signed by Magistrate Judge James C. Francis on 5/11/11). (djc)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EDITH SCHLAIN WINDSOR,
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10 Civ. 8435 (BSJ) (JCF)
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THE UNITED STATES OF AMERICA,
Defendant.
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REVISED SCHEDULING ORDER
After a conference with the parties on May 9, 2011, and consideration of the
arguments of counsel, the Court hereby orders as fo]Jows:
1.
Plaintiff Edith Schlain Windsor ("plaintiff"), defendant, the United
States of America represented by the Department of Justice (the "DOr'), and proposed
Defendant-Intervenor, the Bipartisan Legal Advisory Group of the U.S. House of
Representatives ("the House") (collectively, "the parties"), shall exchange initial
disclosures pursuant to Fed. R. Civ. P. 26(a) on or before May 13,2011;
2.
Plaintiff shall serve her expert reports and provide dates for the
depositions of her experts on or before May 20,2011;
3.
If the House chooses, it may take the depositions of plaintiff's
experts beginning on May 23,2011;
4,
The parties shall exchange all 'Written requests for discovery
(including document requests, interrogatories and requests for admission pursuant to Fed.
R. eiv. P. 26, 33, 36) on or before June 3, 2011~
5.
The House shall identify its experts (if any) on or before June 7,
6.
The House shall serve its expert reports (if any) on or before June
7.
Plaintiff may take depositions of the House's experts (if any)
2011;
17,2011;
beginning on June 20, 2011;
8.
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All fact and expert discovery shall be completed by July 11, 20 f 1;
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9.
Plaintiff shall file a motion for summary judgment on or before
July 15, 2011 (unless the House has not identified any experts pursuant to paragraphs 5
and 6 above, in which case plaintiff's motion for summary judgment shall be filed on or
before June 24,2011);
10.
The House shall file its opposition to plaintiff's motion for
summary judgment and a motion to dismiss (if any) on or before August 15,2011 (unless
the House has not identified experts pursuant to paragraphs 5 and 6 above, in which case
the House shall file its opposition to plaintiffs motion for summary judgment and a
motion to dismiss (if any) on or before August 1,2011);
11.
Plaintiff shall file a reply in support of her motion for summary
judgment (including expert rebuttal declarations) (if any) and an opposition to the
House's motion to dismiss (if any) and DOJ shall file a brief, if any, on or before
September 2, 2011 (unless the House has not identified experts pursuant to paragraphs 5
and 6 above, in which case plaintiff shall file a reply in support of her motion for
summary judgment (including expert rebuttal declarations) (if any) and an opposition to
the House's motion to dismiss (if any) and DO] shall file a brief, if any, on or before
August 19,2011); and
12.
The House shall file its reply in support of its motion to dismiss (if
any) on or before September 23, 2011 (unless the House has not identified experts
pursuant to paragraphs 5 and 6 above, in which case the House shall file its reply in
support of its motion to dismiss (if any) on or before September 9,2011).
SO ORDERED.
S C. FRANCIS IV
ED STATES MAGISTRATE JUDGE
Dated:
New York, New York
May
2011
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