J.T. Colby & Company, Inc. et al v. Apple, Inc.

Filing 12

SCHEDULING ORDER: Dispositive motions due by 9/28/2012. All discovery, including expert discovery, due by 8/31/2012. Proposed Requests to Charge and Proposed Voir Dire shall be submitted by 10/15/2012. A Joint Pre-Trial Statement shall be submitted by 10/15/2012. Memoranda of Law addressing those issues raised in the JPTS shall be submitted by 10/15/2012. Responses to the Memoranda shall be submitted by 10/31/2012. There shall be no replies. Estimated trial time is 2 weeks. This is a jury trial. (Signed by Judge Deborah A. Batts on 8/19/2011) (lmb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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Plaintiff,

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SCHEDULING ORDER

Defendant.

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Kevin Jayne, Law Clerk.

DEBORAH A. BATTS, United States District Judge.

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(1) Email:

TO BE COMPLETED BY THE PARTIES

Trial: Estimated trial time is

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. [e-mail]
(2) Phone: [phone]

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Jury

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TO BE COMPLETED BY THE COURT

Non-Jury

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Pursuant to Fed. R. Civ. P. 16, after holding a pre-trial conference,
IT IS HEREBY ORDERED that:
Pleadings and Parties: Except for good cause shown -­

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No additional parties may be joined after _ _ _ _ _.

2.

No additional causes of action or defenses maybe asserted after _ _ _ __

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aJId shown, all discovery, including expert
Discovery: Except for good cause explicitly set forth by
discovery, shall be commenced in time to be completed by
3( lll. . The court expects discovery to be
completed within 60 days of the first scheduling conference unless, after the expiration ofthat 60 day period, all
counsel stipulate that an additional period of time (not to exceed 60 more days) is needed to complete
discovery, and the Court approves such extension.

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Dispositive M}]!.ns:
party contemplating making a dispositive motion must notify opposing counsel and
the Court by ~ ~B J~ Except for extraordinary cause shown and subsequent permission of the Court
given, no party may make a motion for summary judgment until after the completion of discovery.
Within 10 days of serving its intent to file for summary judgment, the moving party must serve on the opposing
side and submit to Chambers a letter no more than two pages in length setting forth the proposed basis for
Sllmmary judgment. Within 10 days of the receipt ofthis letter, the opposing side must respond by letter to the
moving part;ys request. These letters shall form the basis of discussion at the pre-motion conference held with
the Court. However, if the Court finds that a conference is not necessary, the Court will issue a motion
schedule.

[Revised January 14, 2010]

ASSUMING NO DISPOSITIVE MOTIONS ARE MADE:
Proposed Requests to Charge and Proposed Voir Dire shall be submitted bi

St~tement

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1 lls ll2.. The JPTS shall conform to

Joint Pre-trial
("JPTS"): A JPTS shall be submitted by D
the Court's Individual Practices and Supplemental Trial Procedure Rules.

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Memoranda of Law addressing those issues raised in thlJ
Responses to the Memoranda shall be submitted by 1
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Additional Conference(s)

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shall be submitted by
11.... There shall be no replies.

_ _ _ _ _ _ _ at _____

For non-jury trials only: Proposed Findings of Fact and Conclusions of Law shall be submitted in accordance with the
Court's directions.

ANY REQUEST FOR AN EXTENSION MUST BE MADE IN WRITING, AT LEAST ONE WEEK
BEFORE THE DEADLINE IN QUESTION, AND MUST STATE THE OTHER PARTY'S POSmON.
Other Directions: Once all papers have been submitted, a final pre-trial conference will be held which shall be attended
by trial counsel.
In the event a dispositive motion is made, the dates for submitting the Memoranda of Law, Requests to Charge,
Proposed Voir Dire, and JPTS shall be adjourned from those shown above, and shall then begin to run (in the same timing
sequence as set forth above) from three (3) weeks from the filing date of the decision on the motion.
Otherwise, if an adjournment is granted, then all subsequent events are simultaneously adjourned in the
same timing sequence as set forth above, except any scheduled conferences, which are adjourned sine die.
At any time after the ready for trial date, counsel must notify the Court and their adversaries in writing of any
potential scheduling conflicts that would prevent a trial at a particular time, including, but not limited to, trials and
vacations. Such notice must come before counsel are notified by the Court of an actual trial date, not after. Counsel
should notify the Court and all other counsel in writing, at the earliest possible time of any particular scheduling problems
involving out-of-town witnesses or other exigencies.
All counsel are responsible for having copies of and complying with the contents ofthe current version of the
Court's Individual Practices and Supplemental Tri~ Procedure Rules, which may be obtained from the Courtroom Deputy
or on-line at http://www.nysd.uscourts.gov/judgeSIUSDJlbatts.htm. Periodically, the Court will revise its Individual
Rules. Notice ofthese revisions or amendments will be posted in the New York Law .Journal and copies will be
available at the Cashier's Window in the Clerk's Office at 500 Pearl Street.

FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN SANCTIONS.
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SO ORDERED.

DATED:
New York, New York

Au~v.st 11,~" Il
[Revised January 14, 2010)

DEBORAH A. BATTS, U.S.D.J.