Capitol Records, LLC v. Redigi Inc.

Filing 31

CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). This case is not to be tried to a jury. All fact discovery is to be completed no later than May 21, 2012. Depositions shall be completed by May 21, 2012. Both sides' moving papers to be filed by June 20, 2012. Both sides' opposition papers to be filed by July 11, 2012. Both sides' reply papers to be filed by July 19, 2012. The Court will conduct oral argument on Friday, August 17, 2012 at 9:30 a.m. Parties have conferred and their present best estimate of the length of trial is three (3) days. (Signed by Judge Richard J. Sullivan on 2/14/2012) (mro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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CAPITOL RECORDS, LLC,

12 Civ. 0095 (RJS)
Plaintiff,

CASE MANAGEMENT PLAN
AND SCHEDULING ORDER

-againstREDIGI INC.,

USDSSDNY
Defendant.

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RICHARD J. SULLIVAN, District Judge:

DOCUMENT

ELECTRONICALLY FILED

DOC#: _____________
DATE FILED:

Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby
adopts the following Case Management Plan and Scheduling Order.
1.
All parties do not consent to disposition of this case by a Magistrate Judge,
pursuant to 28 U.S.c. § 636(c).
2.

This case is not to be tried to a jury.

3.
No additional parties may be joined or amended pleadings served except with the
opposing party's written consent or leave of the Court, in accordance with Fed. R. Civ. P.
15(a)(2). Because of the dynamic nature of the ReDigi website at issue in this case, the parties
contemplate that the list of plaintiffs recordings allegedly infringed will have to be
supplemented prior to a final adjudication in the case based on information obtained through
discovery.
4.
Initial disclosures pursuant to Rule 26(a)(l) shall be served by email no later than
March 5, 2012.

5.

All/act discovery is to be completed no later than May 21, 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 parties on consent without application to the Court, provided
the parties meet the deadline for completing fact discovery set forth in ~ 5 above.
a.

Initial requests for production of documents and initial requests to admit
shall be served by email by March 5, 2012.

b.

Interrogatories shall be served by email by March 5,2012.

c.

Depositions shall be completed by May 21, 2012.

II
I
,

1.

Absent an agreement between the parties or an order from the
Court, depositions are not to be held until all parties have
responded to initial requests for document production.

11.

There is no priority in deposition by reason of a party's status as a
plaintiff or defendant.

iii.

Absent an agreement between the parties or an order from the
Court, non-party depositions shall follow initial party depositions.

d.
Second Set of Requests to Admit shall be served by email no later than
May 25, 2012. Answers and/or objections thereto shall be served by email no later than June 12,
2012.
7.
The parties both presently contemplate that all or most issues regarding liability
can be potentially resolved by summary judgment following completion of fact discovery.
Accordingly, they jointly request that the Court set a schedule for the filing of summary
judgment motions following fact discovery and that a schedule for possible expert disclosures
and discovery, as well as trial, be deferred until after resolution of the summary judgment
motions. The parties would be prepared, subject to the Court's approval, to proceed with
summary judgment motions without the need for further pre-motion letters in view of the
previously submitted letters and extensive briefing and argument on the relevant legal issues in
connection with Capitol's preliminary injunction motion, and to submit cross-motions for
summary judgment simultaneously on the following schedule:
a.
b.

9.
(3) days.

Both sides' opposition papers to be filed by July 11, 2012.

c.

8.

Both sides' moving papers to be filed by June 20, 2012.

Both sides' reply papers to be filed by July 19, 2012.

The Court will conduct oral argument on Friday, August 17,2012 at 9:30 a.m.
Parties have conferred and their present best estimate of the length of trial is three

SO ORDERED.
DATED: February 14,2012
New York, New York

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~

RICJl!'ARD J. SULLIV AN
UNITED STATES DISTRICT JUDGE

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