Gupta v. Securities and Exchange Commission

Filing 25

CIVIL CASE MANAGEMENT PLAN: This Court requires that this case shall be ready for Hearing on 10/31/11. This case is not to be tried to a jury. Amended Pleadings due by 7/26/2011. Joinder of Parties due by 7/22/2011. Motions due by 9/30/2011. Responses due by 10/14/2011 Replies due by 10/21/2011. Deposition due by 9/23/2011. Discovery due by 9/23/2011. Oral Argument set for 10/31/2011 at 04:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 10/31/2011 at 04:00 PM before Judge Jed S. Rakoff. Additional relief as set forth in this Order. (Signed by Judge Jed S. Rakoff on 7/25/11) (pl)

01/18/2011

KR~MER

18 85 FAX

Revised Fonn D -

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For cases assigned to Judge Rakoff

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK.

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RAJAT K. GUPTA,
Plainti ff,

CIVIL CASE MANAGEMENT PLAN
(JUDGE RAKOFF)

v.

No. 1 l-CV-1900 (JSR)

SECURITIES AND EXCHANGE COMMISSION,
Defendant.

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This Court requires that this case shall be ready for bearine on

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tic/.

After consultation with counsel for the parties, tile following Case Management Plan is adopted.
This plan is also a scheduling order pursuant to Rules 16 and 26(1) of the Federal Rules of Civil
Procedure.
A.

This case is not to be tried to ajury.

B.

Joinder of additional parties must be accomplished by July 22,2011 .

C.

Amended pleadings may be tiled without leave of Court by

D.

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

August 26, 2011

1. Documents. First request for production of documents, if any, must be served by

July

25,2011
. Objections to requests for production must be served no later than five (5)
business days after receipt of those requests, and the parties shall promptly meet and
confer to discuss any objections and shall expeditiously present any disputes to the Court
for resolution. Production of documents shall proceed on a rolling basis expeditiously
and, absent good cause shown, shall be completed no later than 3 weeks of service of a
document request, or, to the extent objections art served, within a time to be set by the
Court as part of the resolution of those objections. Further document requests may be
served as required, but no document request mny be served later than 2 J days prior to the
date of the close of discovery as set forth in item 6 below.
2. Initial Disclosures and Interrogatories. Initial disclosures required by Fed. R. Civ. P.
26(a)(l) must be served no later than August 1, 2011. Interrogatories pursuant to Rule
33.3(a) of the Local Civil Rules of the Southern District of New York must be served by
August 1, 2011 . Responses to any interrogatories must be made within 2 weeks of
service of the interrogatories. No other interrogatories are permitted except upon prior
express permission of Judge Rakoff. No Rule 33.3(a) interrogatOrie.$ need be served with
respect to disclosures automatically required by Fed. R. Ct\!. P. 26(a).

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07/1~/2011

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3. Experts, The parties do not anticipate offering any expert testimony.
4. Depositions. All depositions (including anj::: expert depositions, see item 3 above) must
be completed by September 23,2011. Depositions sha!! commence on August 16,2011.
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 _~A-",u"'-lg""u",s.::..t2""2"",..::2""0'-'-1....
1...:.
6. All discovery is to be completed by
September 23, 2011
. Interim deadlines for
items \-5 above may be extended by the parties on consent without application to the
Court, provided the parties are certain they can still meet the discovery completion date
set forth in this paragraph, which shall not be adjourned except upon a showing to the
Court of extraordinary circumstances .

.E.

Post-discovery summary judgment motions in the fonn prescribed by the Court's Individual
Rules of Practice may be brought on without further consultation with the Court provided that
a Notice of any such motion, in the fonn 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
September 30, 2011
,answering papers
October 14. 2011
, and reply papers by
October 21, 2011 [the last of these
by
days being no later than six weeks following the close of discovery]. Each party must file· its
respective papers with the Clerk ortne Court on the same date that such papers are served.
Additionally, on the same date that reply papers are served and filed, counsel for the parties
must aTTange to deliver a courtesy non-electronic hard copy of the complete set of papers to
the Courthouse for delivery to Chambers.
A final pre-trial conference, as well

as or

judgment motions, shall be held on

F.

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which time the Court shall set a firm hea 'og te, TIle timing and other requirements for the
Joint Pretrial Order and/or other pre-trial submissions shall be governed by the Court's
Individual Rules ofPraetice.
G.

All motions and applications shall be governed by Judge Rakoffs Individual Rules of
Practice. Counsel shall promptly familiarize themselves with all the Coun's Individual
Rules, as well as with the Local Rules for the United States District Court for the Southern
District of New York.

SO ORDERED.

J~(ft?

U.S.D.J.
DATED: New York, New York

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