Willagirl, LLC v. The Wella Corporation

Filing 6

CIVIL CASE MANAGEMENT PLAN: that this Court requires that this Court be ready for trial on 8-28-11. This case is to be tried to a jury. Joinder of Parties due by 5/13/2011. Amended Pleadings due by 5/13/2011. All Deposition (including any expert depositions, see item 3 above) must be due by 7/1/2011. All Discovery due by 7/15/201. Post discovery Summary Judgment Motions due by 8/1/2011, Responses due by 8/15/2011, Replies due by 8/22/2011. Final Pretrial Conference, as well as oral argument on any post-discovery summary judgment motions, shall be held on 8/29/2011 at 04:00 PM. Additional relief as set forth in this Order. (Signed by Judge Jed S. Rakoff on 4/6/11) (pl)

04-01-2011

05:26pm

From-

~368

P 002/003

F-195

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
• ___ • - - _ - - - - - - - - - - - - - - - - - - - - - - - - --X
WILLAGIRL LLC,
Plaintiff,

.{:'IVfL CASE MANAGEMENT PLAN
(JUDGE RAKOFF)

-v­

11 CV 1017 (JSR)

THE WELLA CORPOMDON,
Defendant.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --X

This Court requires that this case shaH be ready for trial on 8-28-2011.

After consultation with counsel for the parties., the following Case M,magement Plan is
adopted. lbis plan is also a scheduling order pursuant to Rules 16 and 26( i) of 1he federal Rules
of Civil Procedure.
A.

The case is to be tried by a jury.

B.

Joinder of additional parties must be accomplished by May 13, 2011.

C.

Amended pleadings

D.

Discovery (in addition to the disclosures required by red. R. Civ. P. 26(a)):

mayb~

filed \vithout leave of Coun until May 13,2011.

Documents. First request tor production of documents, if any, must be served by
April 15,2011. Further document requesTs may be served as required, but no document request
may be served latcr than 30 days prior to the dale of the close of discovery as set forth in item 6
below.
1.

2.
Interrogatories. Interrogatories pursuant to Rule 33.3(a) of the Local Civil Rules
of the Southern District of New York must be served by April 15, 2011. No other
interrogatories are permitted except upon prior express permission of Judge Rakoff. No Rule
33.3(a) interrogatories need to be served with respect to disclosures automatically required by
Fed. R. Civ, P. 26(a).
3.
Experts. Every pany-proponent of a claim (including any countt:rclaim, crossclaim, or third-party claim) that intends to offer expert testjmony in respect of such daim must
make the disclosures requir~d by fed. R. eiv. P. 26(a)(2) by June 10, 2011. Every party­
opponent of such claim that intends to offer expert testimony in opposition to such claim must
make the disclosures required by Fed. R. Civ. P. 26(a)(2) by June 24, 2011. No expert
testimony (whether designated as '"rebuttal" or otherwise) \vill be pe1111ined by other experts or
beyond the scope of the opinions covered by the aforesaid disLlosLlres except upon prior express

04-01-2011

05:27pm

From-

T-368

P 003/003

F-195

permission of the Court, application for which must be made no larer than 10 days after the date
specified in the immediately preceding sentence. All experts may be deposed, but such
d~ositions must occur within the time limit for all depositions set [0[[11 below.
4.
Depositions. AU depositions (including an\' expert depositions, see item 3 above)
must be completed by July 1, 2011. Unless counsel agree otherwise or the Court so orders,
depositions shall not commence until all parties have completed the initial disclosures required
by Fed. R Civ. P. 26(a)(l) or until four Yvceks from the date of this Order, whichever is earlier.
Depositions shall proceed concurrently, with no party having prioriTY, and no deposition shall
extend beyond one business day without prior leave of the Court.
5.

Requests to Admit. Requests to Admit, if any, must be served by June 15,2011.

6.
All discovery is to be completed by July 15, 2011. Interim deadlines for items I­
S above may be extended by the parties on consent \vithout applicaTion to the Court, provided the
parties are certain they can still meet the discovery completion ciaTe set fonh in this paragraph.
The discovery completion date may be adjourned only upon a shov-.'ing 10 the Court of
extraordinary circumstances, and may not be extended on consent.

E.
Post-discovery summary judgment motions in the form prescribed by the Court's
Individual Rules of Practice may be brought on without fUl1her consuhation with the Court
provided that a Notice of any such motion, in the fann specified in the CourT'S Individual Rules
of Practice, is filed no later than one week following the close-of-discovery date (item D-6
above) and provided that the moving papers are served by August 1, 2011, answering papers by
August 15,2011, and reply papers by August 22,2011 [the ia:n o[these days being no later than
six weeks following the close of discovery]. Each party must file its respective papers with the
Clerk of the Court on the same date that such papers are served. Additionally, on the same date
that any papers are served and filed, counsel filing and serving papers must arrange to deliver
courtesy non-electronic hard copies to the Courthouse for delivery to Chambers.
F.
A final pre~trial conference, as 'eD as ril argument on any post-discovery summary
judgment motions, shall be held on
. '*~Mk~ time the Court shall set a firm trial
date. The timing and other require lent for the Joint Pretrial Order and/or other pre-trial
submissions shall be governed by the Court's Individual Rules ofPraclice.
All mOTions and applications shall be governed by Judge Rakoffs Individual Rules of
Practice. Counsel shall promptly familiarize themsdves with all of the Coun's Individual Rules,
as well as with the Local Rules for the United States District Court for the Somhem District of
New York.
O.

SO ORDERED.

Cilr;(JU
U.S.D.l

DATED:

New York, New York
April r;;,2011

2
52377703
2142-02