LG Capital Funding, LLC v. Exeled Holdings Inc.

Filing 170

REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: granting 168 Letter Motion for Discovery. This Civil Case Management Plan and Scheduling Order is submitted by the parties in accordance with Federal Rule of Civil Procedure 26(f)(3): 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). Any motion to amend or to join additional parties shall be filed no later than 8/07/2023. All Fact Dis covery is to be completed no later than 3/06/2024. Depositions shall be completed by 10/17/2023. All Expert Discovery and Depositions shall be completed by 3/1/2024. All Discovery shall be completed no later than 4/27/2024. A post-discovery status co nference shall be held on: 5/10/2024 at 2:00 p.m. Any motion for summary judgment must be filed no later than 6/15/2024. This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 4 days. and as set forth herein. (Signed by Judge Lewis J. Liman on 6/15/2023) (ama)

Case 1:17-cv-04006-LJL-OTW Document 166-1 Filed 06/14/23 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------X
:
LG CAPITAL FUNDING, LLC
:

Plaintiff(s), :
:
-v:
:
EXELED HOLDINGS, INC. f/k/a
:
ENERGIE HOLDINGS, INC.

Defendant(s). 

---------------------------------------------------------- ;

17
04006
____-cv-________
(LJL)

REVISED CASE MANAGEMENT
PLAN AND SCHEDULING ORDER

LEWIS J. LIMAN, United States District Judge:
This Civil Case Management Plan and Scheduling Order is submitted by the parties in
accordance with Federal Rule of Civil Procedure 26(f)(3):


X
All parties [consent _____ / 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 parties are free to withhold consent without adverse substantive consequences. [If all
parties consent, the remaining paragraphs need not be completed.]



X / have not _____] conferred pursuant to Federal Rule of Civil
The parties [have ____
Procedure 26(f).



X / have not _____] engaged in settlement discussions.
The parties [have ____



Any motion to amend or to join additional parties shall be filed no later than
August 7, 2023
_________________________.
[Absent exceptional circumstances, a date not more than
thirty (30) days following the initial pretrial conference.] Note: Pursuant to Paragraph
3(C) of the Court’s Individual Practices in Civil Cases, the Court will deny a motion to
dismiss as moot, without prior notice to the parties, if a plaintiff amends its pleading
without objection from the defendant. The moving party may then (a) file an answer or
E file a new motion to dismiss. In the event the moving party wishes to rely on its
initially filed memorandum of law, the party may so indicate in its motion to dismiss the
amended pleading and need not file the memorandum of law again.
Pursuant to Paragraph 2(K) of the Court’s Individual Practices in Civil Cases,
parties may extend the deadlines set forth in Local Civil Rule 6.1 by an agreed-upon
schedule, which shall govern as long as it is disclosed to the Court in a letter
accompanying the initial motion. At the Initial Pretrial Conference, parties should
come prepared to discuss a proposed briefing schedule for any anticipated motion.

Case 1:17-cv-04006-LJL-OTW Document 166-1 Filed 06/14/23 Page 2 of 4

5.

Initial disclosures pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure shall
July 21, 2023
be completed no later than _________________________.
[Absent exceptional
circumstances, a date not more than fourteen (14) days following the initial pretrial
conference.]

6.

March 6, 2024
All fact discovery is to be completed no later than __________________________.
[A
date not more than one hundred twenty (120) days following the initial pretrial
conference, unless the Court finds that the case presents unique complexities or other
exceptional circumstances.]

7.

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 that the parties meet the deadline for completing fact discovery set forth
in Paragraph 6 above.

NOTE ON COVID-19 EMERGENCY PROCEDURES:
Until further notice, and pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), all depositions may
be taken via telephone, videoconference, or other remote means, and may be recorded by
any reliable audio or audiovisual means. This does not dispense with the requirements set
forth in Fed. R. Civ. P. 30(b)(5), including the requirement that, unless 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, 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.
Nothing in the above-mentioned rule prevents parties from seeking to modify any pretrial
schedule in light of the COVID-19 pandemic (or for any other good cause). Prior to
seeking such relief, the parties must, as always, attempt to meet and confer (via remote
means) in a good faith effort to reach agreement.
Parties are instructed to consult the Court’s COVID-19 Emergency Individual Practices in
Civil and Criminal Cases for additional guidance on procedures in place at this time.
a.

August 8, 2023
Initial requests for production of documents shall be served by ______________.

b.

Interrogatories pursuant to Rule 33.3(a) of the Local Rules of the Southern
August 8, 2023
District of New York shall be served by _____________________.
[Absent
exceptional circumstances, a date not more than thirty (30) days following the
initial pretrial conference.] No Rule 33.3(a) interrogatories need to be served with
respect to disclosures automatically required by Federal Rule of Civil Procedure
26(a).

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Case 1:17-cv-04006-LJL-OTW Document 166-1 Filed 06/14/23 Page 3 of 4

c.

Unless otherwise ordered by the Court, contention interrogatories should be
served consistent with Rule 33.3(c) of the Local Rules of the Southern District of
New York.

d.

October 17, 2023
Depositions shall be completed by _______________.

e.

August 8, 2023
Requests to Admit shall be served no later than _______________.

8.

All expert discovery, including disclosures, reports, rebuttal reports, production of
March 1, 2024
underlying documents, and depositions shall be completed by _____________________.
[Absent exceptional circumstances, a date forty-five (45) days from the completion of fact
discovery.]

9.

April 27, 2024
All discovery shall be completed no later than _______________.

10.

The proposed joint pretrial order shall be submitted on ECF in accordance with the
Court’s Individual Practices in Civil Cases and Federal Rule of Civil Procedure 26(a)(3)
Court to Complete
no later than ____________________.

11.

2:00 PM .
May 10, 2024
A post-discovery status conference shall be held on: ___________________
at _______

A joint letter updating the Court on the status of the case shall be filed on ECF by one
week prior to the status conference. The letter must be no more than three (3) single
spaced pages and should include the following information in separate paragraphs:
(1) all existing deadlines, due dates, and/or cut-off dates;
(2) a brief description of any outstanding motions;
(3) a brief description of the status of discovery and of any additional discovery
that remains to be completed;
(4) the status of settlement discussions;
(5) the anticipated length of trial and whether the case is to be tried to a jury;
(6) whether the parties anticipate filing motions for summary judgment; and any
other issue that the parties would like to address at the pretrial conference or
any other information that the parties believe may assist the Court.
12.

June 15, 2024
Any motion for summary judgment must be filed no later than _______________.
[Absent exceptional circumstances, a date fourteen (14) days from the completion of all
discovery.]

13.

X / is not _____] to be tried to a jury.
This case [is ____

3

Case 1:17-cv-04006-LJL-OTW Document 166-1 Filed 06/14/23 Page 4 of 4

14.

The parties have conferred and their present best estimate of the length of trial is
4 days
_______________.

15.

Counsel for the parties propose the following alternative dispute resolution mechanism
for this case:
X
a. _____
Referral to a Magistrate Judge for settlement discussions.

b. _____ Referral to the Southern District’s Mediation Program.
c. _____ Retention of a private mediator.
The use of any alternative dispute resolution mechanism does not stay or modify any date in this
Order.
16.

Other issues to be addressed at the Initial Pretrial Conference, including those set forth in
Federal Rule of Civil Procedure 26(f)(3), are set forth below.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

Counsel for the Parties:
Gene W. Rosen
_________________________________
200 Garden City Plaza, Suite 405
_________________________________
Garden City, New York 11530
_________________________________
Tel: [phone] Ext. 101
_________________________________

Dated:

Eric J. Benzenberg, Esq. & Mark J. Basile, Esq.
_________________________________
390 N. Broadway, Suite 140
_________________________________
Jericho, NY 11753
_________________________________
Tel.: [phone]
_________________________________

June 15, 2023
__________________
New York, New York
________________________________
LEWIS J. LIMAN
United States District Judge

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