Robinson v. Gucci America et al

Filing 27

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). The case is to be tried to a jury. Expert Deposition due by 8/30/2012. Fact Discovery due by 7/16/2012. Expert Discovery due by 8/30/2012. The conference set for May 18, 2012 is adjourned. Case Management Conference set for 7/20/2012 at 11:30 AM before Judge J. Paul Oetken. Counsel for the parties have conferred and their present best estimate of the length of trialis 5 days, and as further set forth. (Signed by Judge J. Paul Oetken on 5/3/2012) (rjm) Modified on 5/4/2012 (rjm).

MAY-02-2012 WED 01:49 PM

FAX NO.

USDCSDNY

DOCUMENT

ELECTRONICALLY FILED

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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DATE FILED:

JOSEPHINE ROBINSON

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Plaintift'(s),

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OPO)

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CTVIL CASE

MANAGEMENT PLAN

AND SCHEDULING

ORDER

GUCCI AMERICA, ET AL.

Defendant( s).

____ ______ ________ ________ ________ _______
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This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance
with Fed. R. Civ. P. 26(£)(3).

i

1.

All parties [consent
I do not consent
'I to conducting all further
proceedings before a United States Magistrate Judge, including motions and trial.
28 U.S.C. § 636(0). The parties are free to withhold consent without adverse substantive
cOllsequences. [If all parties consent, the remaining paragraphs need not be completed.]

2.

Settlement discussions [have

3.

The parties [have _-l.f~/ have not _ _-,l 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 tiled within
N/A
days from the date of this Order. [Absent exceptional circumstances, thirty (30)
days.]

5.

Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than
N/A
days from the date of this Order. [Absent exceptional circumstances, fourteen
(14) days,]

6.

Fact Discovery

_"';./L.... / have not _ _-,", taken place.

a.

All fact discovery shall be completed no later than -:J::"-u~ly,.....1....
6,~2-'-O_'_:12=------­
[A period not to exceed 120 days, unless the Court finds that the case presents
unique complexities Dr other exceptional circumstances,]

b.

Initial requests for production of documents shall be served by
February 16, 2012

c.

Interrogatories shall be served by

February 16, 2012

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MAY-02-2012-WED 01:50 - PM -_..
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FAX NO.

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d.
e.

Requests to admit shall be served by ....!!.JJ!II.J.!nu.:e"-1~5"-'.'l""'O;:...!'-"'L_ _ _ __

f.

7.

Depositions shall be completed by -"J=.=u""lY..,:1..=Dt.. :!'2""'0...:.;12=--_ _ _ __

Any of the deadlines in paragraphs 6(b) through 6(e) 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 6(a).

Expert Discovery
a.

An expert discovery, including expert depositions, shall be completed no later
. [Absent exceptional circumstances, a date
than August30, 2012
forty-five (45) days from the date in paragraph 6(a) (i.e., the completion of all fact
discovery).]

b.

Plaintiff's expert disclosures pursuant to Fed. R. Civ. P. 26(a)(2) shall be made on
or before June 29, 2012

c.

Defendant's expert disclosures pursuant to Fed. R. Civ. P. 26(a)(2) shall be made
onorbefore~J~ul~y~30~,~2~Ol~2~___________

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 COllrt, provided that expert
discovery is completed by the date set forth in paragraph 7(a).

8.

AU motions and applications shall be governed by the Court's Individual Practices,
including the requirement of a preM1l1otion conference before a motion for summary
judgment is filed. Pursliant to the authority afFed. R. Civ. P. 16(0)(2), any motion for
summary judgment will be deemed untimely unless a request for a preMmotion conference
relating thereto is made in writing with in fourteen (14) days after the date in paragraph
6(a) (i.e., the close of fact discovery).

9.

All counsel mllst meet in person to discuss settlement within fourteen (14) days follOWing
the close of fact discovery.

10.

a.

Counsel for the parties have discussed an informal exchange of infonnation in aid
of early settlement of this case and have agreed upon the following:
The parties have already engaged In an unsuccessful mediation and do not believe any
Informal discovery would be helpful at this time.

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P. 04

MAY-02-2012 WED 01:50 PM

b.

FAX NO.

Counsel for the parties have discussed the use of the following alternate dispute
resoluti~n mechanisms for lise in this Case! (i) a settlement conference before a
Magistrate Judge; (ji) participation in the District's Mediation Program; and/or
(iii) retention of a privately retained mediator. COllnsel for the parties propose the
following alternate dispute resolution mechanism for this case~
The parties have already participated In the DIstrict's Mediation Program and do not
believe any other dispute resolution mechanism; would be helpful at thjs time.

C.

COllnsel for the parties recommend that the alternate dispute resolution
mechanism designated in paragraph 10(b) be 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 discU5S the usefulness of engaging In another mediation after the close of
fact dIscovery.

d.

The use of allY altemative dispute resolution mechanism does not stay or modify
any date in this Order.

1].

Unless otherwise ordered by the Court, within thirty (30) days of the close of all
discovery, or, 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 Court's Individual Practices and Fed. R. Ciy. P.
26(a)(3). Any motions in limine shall be filed on or before the date on which the Final
Pretrial Order is due. If this action is to be tried before ajury, proposed voir dire, jury
instntctions, and verdict form shall also be filed on or before the Final Pretrial Order due
date. Counsel are required to meet and confer on ajoint submission of proposed jury
instructions and verdict fonn, noting any points of disa.greement in the joint submission.
Jury instructions may not be submitted after the Final Pretrial Order due date, unless they
meet the standard of Fed. R.. Civ. P. Sl(a)(2)(A). If this action is to be tried to the Court,
proposed findings offact and conclusions of law should be submitted on or before the
Final Pretrial Order due date.

12.

The parties shall be ready for trial on 44 days after denial of any MSJ. [Absent exceptional
circumstances, a date within two weeks following the Final Pretrial Order due date.]

13.

This case [is --1£F---/ is not ~__] to be tried to ajury.

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P. 05

WED 01:50 PM

MAY~02~2012

FAX NO.

14.

Counsel for the parties have oonferred and theil' pt'tlsent best estimate ofthe length of trial
Is Sdays

15.

P. 06

Other issues to be addressed at the Initial Pretrial Conference. including those set forth In
Fed. R. Civ. P. 26(1:)(3). are set fOl'th below.

CO\lnsel for the Partitls:

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The nold: Caso Management Conference ia scheduled for (Tit.I,/ 2,/), ~"/2. at

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A'IM,'

This Order m«y 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 herBin (exoept
as provided in paragraphs 6(f) and 7(d» shan be made in a written application in accordance
with Court's lndividual Practices and shan be made no leBa than tWo (2) business days prior to
the expiration of the date soughtto be extended.
SO ORDERED.

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Dated:

New York, New ¥or!c

4

J. PAUL OETKEN
United States Distriot Judge