White et al v. West Publishing Corporation et al

Filing 23

CIVIL CASE MANAGEMENT PLAN:Plaintiffs have demanded a jury trial in this matter. Amended Pleadings due by 4/27/2012. Joinder of Parties due by 4/27/2012. Motions due by 9/14/2012. Responses due by 10/2/2012. Replies due by 10/12/2012. Deposition due by 8/31/2012. Discovery due by 8/31/2012. Final Pretrial Conference set for 10/19/2012 at 04:30 PM before Judge Jed S. Rakoff. Ready for Trial by 10/26/2012. (Signed by Judge Jed S. Rakoff on 4/12/2012) (lmb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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Edward L. White; Edward L. White, P.C.; and Kenneth
Elan, on behalf of themselves and all others similarly
situated
Plaintiffs,

CIVIL CASE MANAGEMENT PLAN
(JUDGE RAKOFF)

-v-

12cv1340 (JSR)
West Publishing Corporation and Reed
Elsevier Inc.
Defendants.

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The following case management plan is based upon the case being ready for trial on October 26,

2012.
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) ofthe Federal Rules of Civil
Procedure.
A.

Plaintiffs have demanded a jury trial in this matter.

B.

Joinder of additional parties must be accomplished by April27, 2012.

C.

Amended pleadings may be filed without leave ofthe Court until April27, 2012.

D.

Discovery (in addition to the disclosures required by Fed. R. Civ. P. 26(a)):
1. Documents. First request for production of documents, if any, must be served by May 4,
2012. 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 33.3(a) of the Local Civil Rules of the
Southern District ofNew York must be served by May 4, 2012. 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 respect of such claim must make the
disclosures required by Fed. R. Civ. P. 26(a)(2) by July 20,2012. Every party-opponent of such
claim that intends to offer expert testimony in opposition to such claim must make the
disclosures required by Fed. R. Civ. P. 26(a)(2) by August 20,2012. No expert testimony
(whether designated as "rebuttal" or otherwise) will be permitted by 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.
4. Depositions. All depositions (including any expert depositions, see item 3 above) must be
completed by August 31, 2012. Unless counsel agree otherwise or the Court so orders,
depositions shall not commence until all parties have completed the initial disclosures required
by Fed. R. Civ. P. 26(a)(l) 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.
5. Requests to Admit. Requests to Admit, if any, must be served by July 31, 2012.
6. Initial Disclosures. Initial disclosures under Fed. R. Civ. P. 26(a)(l) shall be served by May
4, 2012.
7. All discovery is to be completed by August 31, 2012. Interim deadlines for items 1-6 above
may be extended by the parties on consent without application to the Court, provided the parties
are certain they can still meet the discovery completion date set forth in this paragraph. The
discovery completion date may be adjourned only upon a showing to the Court of extraordinary
circumstances, and may not be extended on consent.
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 following the close-of-discovery date (item D-7 above) and provided that the moving
papers are served by September 14, 2012, answering papers by October 2, 2012, and reply papers by
October 12,2012. 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 any papers are served and filed,
counsel filing and serving the papers must arrange to deliver courtesy non-electronic hard copies to the
Courthouse for delivery to Chambers.
F. . A final pre-trial conference, as well ~s or5\Largui?ent. on any post-discovery summary judgment
motiOns, shall be held on 10 ft'1
~ c{. Jo ':'""clt which time the Court shall set a firm trial date. The
timing and other requirements fo~ the Joint Pretrial Order and/or other pre-trial submissions shall be
governed by the Court's Individual Rules ofPractice.

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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 of the Southern District of New York.
SO ORDERED.

U.S.D.J.
DATED:

New York, New York

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