Cooke et al v. DB 85 Gym Corp et al

Filing 23

CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. Amended Pleadings due by 10/14/2011. Joinder of Parties due by 9/16/2011. Dispositive Motions due by 4/30/2012. 30(b)(6) Deposition due by 1/17/2012 - see Attachment A for additional deposition dates. All non-expert Discovery due by 2/29/2012. Case Management Conference set for 3/16/2012 at 10:00 AM before Judge Alvin K. Hellerstein. Settlement Conference set for 1/30/2012 at 10:00 AM before Judge Alvin K. Hellerstein, and as further set forth. (Signed by Judge Alvin K. Hellerstein on 8/19/11) (rjm)

(Effective 10/4/10)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
____________________________________1

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Plaintiff(s),

CIVIL CASE MANAGEMENT PLAN
-against-

USDCS1)NY

DB it) (o'/M(orP. d/hl4

Q1t~.'J

tft.l'ton

et Oil.

6Y,..,

Defendant(s).

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After consultation with counsel for the parties, the folio . g ~e Management
Plan is adopted. This plan is also a scheduling order pursuant to Rules, 6 an , 26(1) oftbe
Federal Rules of Civil Procedure.
I
I
A.

The case® (is not) to be tried to ajury. [Circle as approprile].

B.

Non-Expert Discovery:
I.

•

accordan~e

The parties are to conduct discovery in
wiJ the Federal Rules
of Civil Procedure and the Local Rules of the So*th
District of New
York. All non-expert discovery is to be completed by:i="-'='::..L..LW............>
which date shall not be adjourned except upon a ~ho . g of good cause
and further order of the Court. Interim deadlines ifor sJlecific discovery
activities may be extended by tbe parties on cons¢nt wilthout application to
the Court, provided the parties are certain that they can IItill meet the
discovery completion date ordered by the Court.•
a.

The parties shall list the contemplated disl:overy activities and
anticipated completion dates in Attachme' t A, iumexed hereto.

2.

Joinder of additional parties must be accomplish d by f.Lf..L"L.!/~/:..I __.

3.

AmendeUleruJtgS may be filed without leave 0 the

/0/1
C.

/'

.

For all causes of action seeking monetary damages, each party shall identify and
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quantifY in Attachment B, annexed hereto, each component of damages alleged;
or, if not known, specifY and indicate by what date Attachment B shall be filed
providing such information.
D.

Motions, Settlement, Second Pre-Trial Conference, and Expert Discovery:
I.

Upon the conclusion of non-expert discovery, and no later than the date
provided below, the parties may file dispositive motions. The parties shall
agree to a schedule, and promptly submit same for the Court's approval,
providing for no more than three rounds of serving and filing papers:
supporting affidavits and briefs, opposing affidavits and briefs, and reply
affidavits IJl1d briefs. The last day for filing dispositive motions shall be
IJo 112. . (Counsel shall insert a date 30 days after the
completion date for non-expert discovery.)

l/

a.

There shall be no cross-motions. Any motions not made by the
agreed date shall, unless the court orders otherwise, not be
considered until after the timely-filed motion is determined.

b.

Papers served and filed by the parties shall conform to the
requirements set out in the Court's Individual Rules.

2.

Either before or after the motion schedule set out above, counsel for the
parties shall meet for at least two hours at the office of,plaintiff's counsel,
to discuss settlement. The date for the meeting is II..so /1 2, at
LO:OO .. .m. (Counsel shall insert a date but, at the option of either, the
date may be canceled upon the service or filing of a dispositive motion
and notice to the court.)

3.

Approximately one week thereafter, the parties shall meet with the Court
for a Second Case Management Conference to discuss the status of the
case, the status and prospects of settlement and whether alternative
disputes-resolution procedures should be utilized, the need for and a
schedule regulating experts and expert-discovery, a discovery bar date,
and any other issue counselor the Court wish to discuss. The Case
at
Management Conference will be held on
10: 00 'l.m. (The Court will set this date at the Initial Case
Management Conference.)

3 /&/12..

E.

,

Any request for relief from any date provided in this Case Management Plan shall
conform to the Court's Individual Rules, and include an order, showing consents
and disagreements of all counsel, setting out all dates that are likely to be affected
by the granting of the relief requested, and proposed modified dates. Unless and
until the Court approves the proposed order, the dates provided in this Plan shall
be binding.
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: "

"

The Pa:rties an to list the disemrery aetivitiell (i.e., produdion of doeumeDia, number of
depositions., requests to adJDit, Interrogatories) aDd IIJltidpated completion dates:

DI~ID'ER:r M;'llvn'IM

1.

COMPLEll0N DATE

Initial Disclosures

a
,no7J
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Z. First set of Interrogatories

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Interrogatories and Request

Deposition

7. Deposition of 'Kevin Kavanaugh

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October 21, 2011
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1.1. Deposition of Alon Ben~Avi

12. Deposition of David Mart~nez
13. Deposition of David Barton
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14. 30(b) (6) ~eposition

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Deposition of Mark Cohen

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9. Deposition of Lamar Talbert

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PreDu,
8. Defendant Carl Helmle's
Deposition

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for the production of Documente

6. Plaintiff Christina Rodinots

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4. Reeponse to First Set of

Deposition

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3. First Request for the

Production of Documents

5. Plaintiff Deborah Cooke's

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November 11', 2011
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Fer aD calUlI!I of action seeking monelaty damages, eae.h party ,/laD identify and
tify

each component ofdamages alleged:
quau

1.

PLA1NT1:FF>S CI.AIMS:

This is an action to recover damages for sexual orientation
discrimination and gender discrimination in the terms, conditions and
privileges of employment under the New York Executive Law Sec. 290, et
seq. and damages for sexual orientation and gender discrimination in the
terms, conditions and privileges of employment under the Administrative
Code of the City of New York, Sec. 8-801, et seq. These allegations are
based on a pattern and practice of sexual orientation and gender
discrimination.
At the present time, Plaintiffs identify the following categories
of damages: (1) back pay (approximately $90,000 at the present time);
(2) front pay; (3) compensatory damages for pain and suffering(to be
determined by a jury); (4) punitive (to be determined by a jury); and
(5) attorneys' fees ($15,000).

2.

~UNTERCLAIMS AND CROS8.CLAIMS:

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CovV\ ~ do:; (Y\ s..

3.

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F.

A final pre-trial conference will be held on a date to be set, as close as possible to
the date that trial is expected to begin. The parties, three days before said
meeting, shall submit their pre-trial order, conforming to the Court's Individual
Rules and, at the conference, deliver their exhibit books containing all exhibits
the parties actually intend to offer at the trial.

G.

Pre-Trial Motions:
Applications for adjournments and for discovery or procedural rulings will reflect
or contain the positions ofall parties, and otherwise conform to my Individual
Rule I (0). Unless the Court rules otherwise, motions shall not modify or delay
the conduct of discovery or the schedules provided in this Case Management
Plan.
SO ORDERED.

DATED:

G:lAKHlFonns\civilCaseMgmll'lan

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