White v. The Bridge Mental Health Agency

Filing 56

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting 55 Letter Motion for Discovery. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. & #167; 636(c). The parties are free to withhold consent without adverse substantive consequences. All fact discovery is to be completed no later than September 11, 2020. Depositions shall be completed by August 28, 2020. All expert discovery, includ ing disclosure of expert reports, production of underlying documents, and depositions shall be completed by October 26, 2020. This case is to be tried to a jury. The next Case Management Conference is scheduled for October 16, 2020 at 3:45 p.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/6/20) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
:
Jerrie White
:
Plaintiff(s),
:
-v:
:
:
Defendant(s).
:
:
:
------------------------------------------------------------------------X

The Bridge, Inc.

4/6/20

18
1689
__ Civ. _____ (AJN)
CIVIL CASE
MANAGEMENT PLAN
AND SCHEDULING
ORDER

This Civil Case Management Plan (the “Plan”) is submitted by the parties in accordance
with Fed. R. Civ. P. 26(f)(3).
1. All parties [consent ______ / do not consent ______] to conducting all further
proceedings before a United States Magistrate Judge, including motions and trial
pursuant to 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.]
2. Settlement discussions [have ______ / have not ______] taken place.
3. The parties [have ______ / have not ______] conferred pursuant to Fed. R. Civ. P. 26(f).
4. [For F.L.S.A. actions only]
The plaintiff(s) [do_____ / do not______] anticipate moving for conditional certification
of this case as a collective action.
The defendant(s) [will_____ / will not______] stipulate to conditional certification.
[If defendant(s) will not stipulate to conditional certification:]
Proposed briefing schedule:
Opening:

__________________

Opposition:

__________________

Reply:

__________________

[Opening brief to be filed no later than 30 days from the date of the initial pretrial
conference; full briefing to be completed within 30 days of the opening brief]
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Case 1:18-cv-01689-AJN-SLC Document 55-1 Filed 04/02/20 Page 2 of 4

5. Amended pleadings may not be filed and additional parties may not be joined except with
leave of the Court. Any motion to amend or to join additional parties shall be filed within
20
______ days from the date of this Order. [Absent exceptional circumstances, choose a
date not more than thirty (30) days following the initial pretrial conference.]
6. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than
14
______ days from the date of this Order. [Absent exceptional circumstances, a date not
more than fourteen (14) days following the initial pretrial conference.]
September 11, 2020
7. All fact discovery is to be completed no later than _____________. [A date not more
than 120 days following the initial pretrial conference, unless the Court finds that the case
presents unique complexities or other exceptional circumstances.]

8. 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 ¶ 7 above.
a.

Initial requests for production of documents shall be served by
April 24, 2020
______________________.

b.

April 24, 2020
Interrogatories shall be served by ______________________.

c.

August 28, 2020
Depositions shall be completed by _______________________.

d.

August 28, 2020
Requests to admit shall be served by ______________________.

9. All expert discovery, including disclosure of expert reports, production of underlying
October 26, 2020
documents, and depositions shall be completed by ______________. [Absent
exceptional circumstances, a date forty-five (45) days from the completion of fact
discovery].
10. All motions and applications shall be governed by the Court’s Individual Rules.
11. All counsel must meet in person for at least one hour to discuss settlement within
fourteen (14) days following the close of fact discovery.

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Case 1:18-cv-01689-AJN-SLC Document 55-1 Filed 04/02/20 Page 3 of 4

12. Counsel for the parties propose the following alternative dispute resolution mechanism(s)
for this case:
a. _____ Referral to a Magistrate Judge for a settlement conference.
b. _____ Referral to the Southern District’s Mediation Program.
c. _____ Retention of a private mediator.
The parties seek the above-noted referral [now _____ / at a later date _____ ].
Unless otherwise ordered by the Court, settlement discussions do not stay or modify any
date in this Order.
[If the parties seek the above-noted referral at a later date:]

July 20, 2020

Counsel for the parties will submit a letter by __________________ seeking the referral.
13. Summary Judgment and Daubert motions are to be filed within 30 days of the close of all
discovery. Absent good cause, the Court will not ordinarily have summary judgment
practice in a non-jury case.
14. Unless otherwise ordered by the Court, within forty (40) days of the close of all
discovery, or, if a dispositive motion has been filed, within fourteen (14) days of a
decision on such motion, the parties file via ECF a Joint Pretrial Report prepared in
accordance with the Court’s Individual Practices and Fed. R. Civ. P. 26(a)(3). Any
motions in limine shall be filed via ECF at the same time that the a Joint Pretrial Report is
filed. If this action is to be tried before a jury, proposed voir dire, jury instructions, and a
verdict form shall also be filed at the same time as the Joint Pretrial Report.
15. The parties shall be ready for trial within two weeks of filing the Joint Pretrial Report.
16. This case [is ______ / is not ______] to be tried to a jury.
17. Other issues to be addressed at the Initial Pretrial Conference, including those set forth in
Fed. R. Civ. P. 26(f)(3), are set forth below.
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

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Case 1:18-cv-01689-AJN-SLC Document 55-1 Filed 04/02/20 Page 4 of 4

Counsel for the Parties:

_________________________________

Mark D. Shirian

_________________________________

Devjani Mishra

_________________________________

_________________________________

_________________________________

_________________________________

Ivie Guobadia Serioux

Except for the dates contained in ¶ 8 above, this Order may not be modified or the dates
herein extended, except by further Order of this Court for good cause shown. Any application to
modify or extend the dates herein shall be made in a written application in accordance with
Court’s Individual Rules and shall be made no fewer than two (2) business days prior to the
expiration of the date sought to be extended. Absent exceptional circumstances, extensions will
not be granted after deadlines have already passed. Ongoing settlement discussions do not
extend any date herein unless expressly ordered by the Court.
October 16, 2020
The next Case Management Conference is scheduled for ______________________ at
3:45 P.M.
______________.

SO ORDERED.

4/6/20
Dated: _______________
New York, New York

____________________________________
JUDGE ALISON J. NATHAN
United States District Judge

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