Mena v. City of New York et al

Filing 108

SCHEDULING ORDER: It is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, videoconference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that ("[u]nless the parties stipulate otherwise") the deposition be "conducted before an officer appointed or de signated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, however, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. It is fur ther ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines for the completion of fact depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 30 days, together with all post-discovery deadlines previously set by this Court. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to s eeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfil the goals of Rule 1 while avoiding unnecessary health risks. On receipt of this order, each party is directed to ensure that all other parties in this action are aware of the order, particularly if this action involves a pro se party. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/16/2020) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

SARAH CAVE, United States Magistrate Judge.
SCHEDULING ORDER
WHEREAS, the President of the United States has declared a national emergency due to
the spread of the COVID-19 virus; and
WHEREAS, the Centers for Disease Control have noted that the best way to prevent illness
is to avoid exposure to the COVID-19 virus;
NOW, THEREFORE, in order to protect public health, reduce unnecessary travel, and
minimize the risk of exposure while promoting the "just, speedy, and inexpensive determination
of every action and proceeding," Fed. R. Civ. P. 1;
It is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions
in this action may be taken via telephone, videoconference, or other remote means, and may be
recorded by any reliable audio or audiovisual means. This order does not dispense with the
requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that ("[u]nless the
parties stipulate otherwise") the deposition be "conducted before an officer appointed or
designated under Rule 28," and that the deponent be placed under oath by that officer. For
avoidance of doubt, however, a deposition will be deemed to have been conducted "before" an
officer so long as that officer attends the deposition via the same remote means (e.g., telephone
conference call or video conference) used to connect all other remote participants, and so long
as all participants (including the officer) can clearly hear and be heard by all other participants.
It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines for
the completion of fact depositions, fact discovery, expert depositions, expert discovery, and/or

all discovery are hereby EXTENDED for a period of 30 days, together with all post-discovery
deadlines previously set by this Court.
Nothing in this Order prevents the parties from seeking to further modify the pretrial
schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to
seeking such relief, the parties must, as always, meet and confer (via remote means) in a good
faith effort to reach agreement on how best to fulfil the goals of Rule 1 while avoiding
unnecessary health risks.
On receipt of this order, each party is directed to ensure that all other parties in this action
are aware of the order, particularly if this action involves a pro se party.
Dated:

New York, New York
March 16, 2020
SO ORDERED

_________________________
SARAH L. CAVE
United States Magistrate Judge