Lebewohl et al v. Heart Attack Grill LLC et al

Filing 43

AMENDED CONSENT SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. This case is to be tried to a jury. Fact Discovery due by 1/13/2012. Deposition due by 1/13/2012. Motions due by 1/27/2012. Responses due by 2/21/2012. Replies due by 3/6/2012. Final Pretrial Order due by 2/13/2012. Counsel for the parties have conferred and their present best estimate of the length of trial is two days. (Signed by Judge Paul A. Engelmayer on 1/5/2012) (ft)

USDCSDNY

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JEREMY LEBEWOHL, UNCLE ABIES DELI INC.
d/b/a 2nd AVE DELI, UNCLE ABIES DELI ON FIRST
INC., UNCLE ABIES DELI SANDWICH TRADEMARKS
LLC, AND JACK LEBEWOHL,
Plaintiffs,

DOCUME~T

ELECTRO"iICALLY FILED

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DOC #:_-------+.,'
DATE FILED; J13 flV

Index No. ll-cv-3153 (PAE)

-againstHEART ATTACK GRILL LLC, HAG LLC,

JON BASSO, DIET CENTER LLC (TE>CAS), AND

DIET CENTER LLC (DELAWARE),

Defendants.
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AMENDED CONSENT SCHEDULING ORDER
1. This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance
with Fed. R. Civ. P. 26(f)(3).
2. All parties do not consent to conducting all further proceedings before a Magistrate
Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold
consent without adverse substantive consequences.
3. This case is to be tried to a jury.
4. Plaintiffs will amend their complaints to add Diet Center LLC (Texas) and Diet Center
LLC (Delaware) by October 28,2011. Defendants will amend their pleadings solely to
respond to the addition of the new parties by November 4,2011. After these dates,
amended pleadings may not be filed and additional parties may not be joined except
with leave of the Court.
5. All fact discovery shall be completed no later than January 13, 2012.
6. The parties are to conduct discovery in accordance with the Federal Rules of Civil
Procedure and the Local Rules of the Southern District of New York. The following
interim deadlines may be extended by the written consent of all parties without
application to the Court, provided that all fact discovery is completed by the date set
forth in paragraph 5 above.
a. Depositions to be completed by January 13,2012.
7. The Parties will not call expert witnesses in this case.
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8. All motions and applications shall be governed by the Court's Individual Rules and
Practices, including the requirement of a pre-motion conference before a motion for
summary judgment is filed. Pursuant to the authority of Fed. R. Civ. P. 16(c)(2), any
motion for summary judgment will be deemed untimely unless a request for a pre­
motion conference relating thereto is made in writing by January 27, 2012, i.e., within
fourteen (14) days of the close of fact discovery.
a. The following briefing schedule will apply to Defendants' motion for summary
judgment that was the subject of a pre-motion conference held on January 4,
2012:
i. Moving papers must be filed by january 27,2012.

ii. Opposition papers must be filed by February 21, 2012.
iii. Reply papers must be filed by March 6, 2012.

9. All counsel and Parties to this litigation must meet face-to-face for at least one hour to
discuss settlement by January 27, 2012, i.e., within fourteen (14) days following the
close of fact discovery.
10. Counsel for the parties will participate in the District's Mediation Program before
Magistrate judge james C. Francis. Counsel for the parties recommend that the alternate
dispute resolution mechanism be employed by the end of fact discovery. The use of any
alternative dispute resolution mechanism does not stay or modify any date in this
Order.
11. The Final Pretrial Order date is February 13, 2012, thirty (30) days following the close
of fact discovery. By the Final Pretrial Order date, the parties shall submit a Joint
Pretrial Order prepared in accordance with the undersigned's Individual Rules and
Practices and Fed. R. Civ. P. 26(a)(3). Any motions in limine shall be filed after the close
of discovery on or before the Final Pretrial Order date. If this action is to be tried before
a jury, proposed voir dire, jury instructions and verdict form shall also be filed on or
before the Final Pretrial Order date. Counsel are required to meet and confer on a joint
submission of proposed jury instructions and verdict form, noting any points of
disagreement in the joint submission. jury instructions may not be submitted after the
Final Pretrial Order date, unless they meet the standard of Fed. R. Civ. P. 51 (a)(2)(AJ. If
this action is to be tried to the Court, proposed findings of fact and conclusions of law
should be submitted on or before the Final Pretrial Order date.
12. Counsel for the parties have conferred and their present best estimate of the length of
trial is two days.
TO BE COMPLETED BY THE COURT:
The Plan has been reviewed by the Court and, except as modified, is adopted as the
Scheduling Order of this Court in accordance with Fed. R. Civ. P. 16(b).
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14. [Other]
15. The next Case Management Conference is scheduled for
a t . This
ORDER may not be modified or the dates herein extended, except by further Order of this
Court for good cause shown. Any application to modify or extend the dates herein (except
as noted in paragraph 6) shall be made in a written application in accordance with
paragraph 1.E of the Court's Individual Rules and Practices and shall be made no less than
two (2) business days prior to the expiration of the date sought to be extended.

United States District Judge
Dated: New York, New York

1M.. 51 -;).Ol?­
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