Robinson v. Gucci America et al

Filing 23

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C, § 636(c). Settlement discussions have taken place. The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Deposition due by 7/2/2012. Fact Discovery due by 5/16/2012. Expert Discovery due by 7/2/2012. Case Management Conference set for 5/18/2012 at 10:30 AM before Judge J. Paul Oetken. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days, and as further set forth. (Signed by Judge J. Paul Oetken on 1/17/2012) (rjm)

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UNITED STATES DISTRlCT COURT SOUTHERN DISTRICT OF NEW YORK -.-------------------------.------------_.-.-------------••---.--.--•••• X USDCSDNY DOCUMENT ELECTRONICALLY FILED DOCj::______-+~~~-11 DATI m...ED: J I I-:J- I n. JOSEPHINE ROBINSON -CV-~(JPO) Plaintiff(s), -vGUCCI AMERICA, STAN SHERWOOD, MATTEO MASCAZZ1NI, and CHRISTY LELECK CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER Defendant(s). ------------------------.--.--------------------.-.--------.--.---------X This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ, p, 26(f)(3). "1 1. All parties [consent _ _ I do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. [If all parties consent, the remaining paragraphs need not be completed.] 2. Settlement discussions [have _ . L - / have not _ _-,1 taken place. 3. The parties [have ~_ / have not ___ J conferred pursuant to Fed. R. Civ. P. 26(f). 4. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within _3o _ days from the date of this Order. [Absent exceptional circumstances, thirty (30) _ days.] 5. Initial disclos~lres pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than _14 _ days from the date of this Order. [Absent exceptional circumstances, fourteen _ (14) days.] 6. Fact Discovery a. All fact discovery shall be completed no later than ---"M,-"a:LY--,-16::!.,.=.:20:..:.'.::.2_ _ _ __ [A period not to exceed 120 days, unless the Court finds that the case presents ullique complexities or other exceptional circumstances.] . b. Initial requests for production of documents shall be served by c. Interrogatories shall be served by February 16, 2012 d. e. Requests to admit shall be served bY..1lnrlL1(j'.<c<2""'Q""12"--_ _ _ _, f. 7. Depositions shall be completed by May 16, 2012. Any of the deadlines in paragraphs 6(b) through 6(e) may be extended by the written consent of all patties without application to the Court, provided that all fact discovery is completed by the date set forth in paragraph 6(a). Expert Discovery a. All expert discovery, including expelt depositions, shall be completed no later • [Absent exceptional circumstances, a date than .lY.!L2, 2012 forty-five (45) days D'om the date In paragraph 6(a) (I.e., the completion of all fact discovery),] b. Plaintiffs expert disclosures pursuant to Fed. R. Clv. P. 26(a)(2) shall be made 011 01' before May 1, 2012 c. Defendant's expert disclosures pursuant to Fed, R. Civ. P. 26(a)(2) shall be made on or before June1,Z012 d. The interim deadlines in paragraphs 7(b) and 7(c) may be extended by the written consent of all parties without application to the Court, provided that expert discovery is completed by the date set forth in paragraph 7(a). 8. All motions and applications shall be governed by the Court's Individual Practioes, inoluding the requirement ofa pre-motion oonference before a motion for summary judgment is filed. PUl'suantto the authority ofFed. R, Civ. P. 16(0)(2), any motion for summary jtldgment will be deemed untimely unless a request for a pre-motion conference relating thereto is made in writing within fourteen (14) days alter the date in parugraph 6(a) (i.e., the close offact discovery). 9. All counsel must 111eet in person to discuss settlement within fourteen (14) days following the close offact discovery. 10, a. Counsel for the parties have discussed an informal exchange of h1formation in aid of early settlement ofthls case and have agreed upon the following: The parties have already engaged In an unsuccessful medIation and do not believe any: further Informal exchange qflnformatlon woYld be helpful at thl~ time, ------------------------- 2 --~-- b. Counsel for the parties have discussed the use ofthe following alternate dispute resoluti01ll11echanisI11S for use in this case: 0) a settlement conference before a Magistrate Judge; (Ii) pruticipation in the District's Mediation Program; and/or (iii) retention of II privately retained mediator. Counsel for the parties propose the following alternate dispute resolution mechanism fOl' this case: The parties have already participated In the District's Mediation Program nnd do not believe any other alternati~resolutlon mechanisms would be useful at this time. c. Counsel for the pal1ies recommend that the alternate dispute resolution mechanism designated in paragraph 1O(b) he employed at the following point in the case (e.g., within the next sixty days; after the deposition of plaintiff is completed (specifY date); after the close of fact discovery): The parties will discuss the usefulness of attempting another mediation at the close of fact discovery. d. The use of any alternative dispute resolution mechanism does not stay 01' modify any date in this Order. 11. Unless otherwise ordered by the CoUl1, within thirty (30) days of the close of all discovery,ol', if a dispositive motion has been filed, within thirty (30) days of a decision on such motion, the parties shall submit to the Court for its approval a Joint Final Pretrial Order prepared in accordance with the Cowt's Individual Practices and Fed. R. Civ. P. 26(a)(3). Any motions in limine shall be filed on 01' before the date on which the Final Pretl'ial Order is due. If this action is to be tded before a jury, proposed voir dire, jl11'Y instructions, and verdict form shall also be filed on 01' before the Final Pretrial Order due date. Counsel are required to meet and confer 011 a joint submission of' proposed jUl'Y instructions and vel'dict form, noting any points of disagreement in the joint submission. Jury instrllctions may 110t be submitted after the Final Pretrial Order due date, unless they meet the standard ofFed. R. Clv. P. 51(a)(2)(A). If this action is to be tried to the Court, proposed findings of fact and conclusions of law should be submitted on 01' before the Final Pretrial Order due date. 12. The parties shall be ready fOl'trial 011 ~ 44 days after any denial of MSJ. [Absent exceptional circumstances, a date within two weeks following the Final Pretrial Order due date.] 13. TIllS case [is -L I is not _ _->J to be tried to ajul'Y. 3 14. Counsel 'f01' the parties have conferred and theil' present best estimate ofthe length of trial i8~~ _ _ _ _ _ _. Other issues to be addressed at the Initial Pretrial Confel'ence. Inc[llding those set forth in Fed. R. Civ, P. 26(f)(3). are setfolih below. 15, _1_sl_R_iC_k--tt-"""",,~:::::;;;ii~~:~~"-~ Kauff McGuire & Margolis LLP Leeds Morelli & Brown P.C. One Old Country Road Suite 347 950 Third Avenue 14th Floor Carle Place, NY 11514 Tel No (516) 873-9550 New York, NY 10022 Tel No (212) 644-j010 IV , The next Case Ma11agement Conference Is scheduled fo1' 'j() g'Y/!' ./11 t~1 If, 2DI2at • This Order lriay not be modified 01' the dates herein extended, except by ful1hel' Order of this Court for good calIse shown. Any applicatlon to modify or extend the dates herein (except as provided In pllragraphs 6(f) and 7(d» shall be> made in a written application In accordance with Cmllt's Individual Practices lind shall be made no less than two (2) b\lSlness days prlol' to the expiratioll ofthe date sought to be extended. i~ SOORDBRBD. D,red, ~z,.. V I New York, New YOl'k 4 United States District Jlldge

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