Irving H. Picard v. Saul B. Katz et al

Filing 42

CASE MANAGEMENT PLAN: Amended pleadings may be filed with leave of Court until 11/1/2011. Joinder of additional parties must be accomplished by 11/1/2011. Post discovery summary judgment motions served by 1/26/2012; answering papers by 2/9/2012, and reply papers by 2/16/2012. Each party must file its respective papers with the Clerk of the Court on the same date that such papers are served. All depositions (including any expert depositions, see item 3 above) must be completed by 1/13/2012. All discovery is to be completed by 1/13/2012. A final pre-trial conference, as well as oral argument on any post-discovery summary judgment motions, shall be held on 2/23/2012 at 04:00 PM before Judge Jed S. Rakoff. The Court requires that this case shall be ready for trial on 3/19/2012. (Signed by Judge Jed S. Rakoff on 9/28/2011) (mro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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Plaintiff( s),
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Defen~nt(s).

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This Court requires

ready for trial on

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

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A.

The case (is) (is not) to be tried to a jury. [Circle as appropriate]

B.

Joinder of additional parties must be accomplished by __(;..'-+(..,;.(+(...;:(;..;1;.....,.._ __

c.

Amended pleadings may be filed lA'i1;,Qeat leave of Court until __
l...;,t+G....I.l+{........._____
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D.

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

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1.

DOCun:c(:S, First request for production of documents, if any, must be served by
1 6/ I
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. Further document requests may be served as required, but no document
request may be served later than 30 days prior to the date of the close of discovery as set forth in
item 6 below.
2.
Interrogatories. Interrogatories pursuant to Rule 3j;3(a) ofthe Local Civil Rules ofthe
Southern District of New York must be served by
ItJ 10/' I
. No other interrogatories
are permitted except upon prior express permission of Judge Rakoff. No Rule 33.3(a) interrogatories
need be served with respect to disclosures automatically required by Fed. R. Civ. P. 26(a).
3.
Experts. Every party-proponent of a claim (including any counterclaim, cross-claim, or
third-party claim) that intends to offer expert testimony in spe t of such claim must make the
:13. Everyparty-opponent
disclosures required by Fed. R. Civ. P. 26(a)(2) by
of such claim that intends to offer experl testimony in op
~ such claim must make the
disclosures required by Fed. R. Civ. P. 26(a)(2) by
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. No expert testimony
(whether designated as "rebuttal" or otherwise) will be permittedy other experts or beyond the
scope of the opinions covered by the aforesaid disclosures except upon prior express permission of
the Court, application for which must be made no later than 10 days after the date specified in the
immediately preceding sentence. All experts may be deposed, but such depositions must occur
within the time limit for all depositions set forth below.

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4.
Depositions. All d pos' ions (including any expert depositions, see item 3 above) must be
completed by
I. $.
. Unless counsel agree otherwise or the Court so orders,
depositions shall not commen e until all parties have completed the initial disclosures required by
Fed. R. Civ. P. 26(a)(I) or until four weeks 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.

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5.
Requests to Admit. Requests to Admit, if any, must be served by
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[insert date that is no later than 30 days prior to date of close of discovery as set forth in item 6
below].

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6.
All discovery is to be completed by
3/1;2
. Interim deadlines for items
1-5 above may be extended by the parties on cdnsent'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 form 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 form specified in the Court's Individual Rules of Practice, is filed no later than one week
followin th clo e-of-discover date item D-6 abov=~!rOvided that the moving papers are served by
___~(:JIllo.J'llr....l-il=-_, answering papers by
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and reply papers by
---.a..t,.u;l..,...,..I111-_- [the last ofthese 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 reply papers are served and filed, counsel for
the parties must arrange to deliver a courtesy non-electronic hard copy of the complete set of papers to the
Courthouse for delivery to Chambers.

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F.
A final pre-trial conferenc" as well as oral argument on any post-discovery summary judgment
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k· [date to be inserted by the Court], at which time the
motions, shall be held on
Court shall set a firm trial dae.he timing and other requirements for the Joint Pretrial Order andlor other
pre-trial submissions shall be governed by the Court's Individual Rules of Practice.

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

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SO ORDERED.

DATED:

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U.S.DJ.