Wager v. G4S Secure Integration, LLC

Filing 96

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting 95 Letter Motion for Discovery. All parties consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tr ied to a jury. All fact discovery shall be completed no later than 6/29/2020. Depositions to be completed by 6/29/2020. All expert discovery shall be completed no later than 8/27/2020. Counsel for the parties have conferred and their pr esent best estimate of the length of trial is: 5 days. A Post-Discovery Conference is scheduled for 9/27/2020 at 10:00 AM in Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. (Signed by Judge Mary Kay Vyskocil on 5/7/2020) (mro)

Case 1:19-cv-03547-MKV Document 96 Filed 05/07/20 Page 1 of 5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 5/7/2020

Ashly Wager

,
1:

19

-cv-

3547 (MKV)

Plaintiff,
CIVIL CASE MANAGEMENT
PLAN AND SCHEDULING
ORDER

-against-

G4S Secure Integration, LLC

,
Defendant.
Mary Kay Vyskocil, United States District Judge
This proposed Civil Case Management Plan is submitted by the parties in accordance
with Federal Rule of Civil Procedure 23 (f) (3):
1.

All parties (consent) (do not consent) to conducting all further proceedings before a
Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). [Circle one.]
The parties are free to withhold consent without adverse substantive consequences. The
Parties may at any time consent to have this case tried before the assigned Magistrate
Judge pursuant to 28 U.S.C. § 636(c).
[If all parties consent, the remaining paragraphs need not be completed. The Party shall
submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a
Magistrate Judge, available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO3.pdf, at the time of submitting this Proposed Case Management Plan.]

2.

This case (is) (is not) [Circle one] to be tried to a jury.

3.

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
30
___ days from the date of this Order. [Absent exceptional circumstances, thirty (30) days
from the Initial Pretrial Conference or filing of the Case Management Plan.]

DISCOVERY

Case 1:19-cv-03547-MKV Document 96 Filed 05/07/20 Page 2 of 5

4.

Initial disclosures, pursuant to Rules 26(a)(1), Fed. R. Civ. P., shall be served not later
than ____ days from the date of this Order. [Absent exceptional circumstances, fourteen
N/A
(14) days.]

5.

June 29, 2020
All fact discovery shall be completed no later than ___________________. [A period not
to exceed 120 days (use an exact date), unless the Court finds that the case presents
unique complexities or other exceptional circumstances.]

6.

[If applicable] The plaintiff(s) shall provide HIPAA-compliant medical records release
authorizations to the defendant(s) no later than N/A
.

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 written consent of all parties without
application to the Court, provided that all fact discovery is completed by the date set forth
in paragraph 5 above:
a. Initial requests for production of document to be served by Already Provided
b. Interrogatories to be served by Already Provided
c. Depositions to be completed by June 29, 2020
i. For person injury, civil rights, employment discrimination, or medical
malpractice case only: Plaintiff’s deposition shall be taken first, and shall
be completed by N/A
.
d. Requests to Admit to be served no later than September 23, 2020

8.

.
.
.

.

Expert Discovery
a. All expert discovery shall be completed no later than August 27, 2020
.
[Absent exceptional circumstances, a date (use an exact date) sixty (60) days from
the date in paragraph 5, i.e. the completion of fact discovery.]
b. No later than thirty (30) days prior to the date in paragraph 5, i.e. the completion
of all fact discovery, the parties shall meet and confer on a schedule for expert
disclosures, including reports, production of underlying documents and
depositions, provided that (i) expert report(s) of the party with the burden of proof
shall be due before those of the opposing party’s expert(s); and (ii) all expert
discovery shall be completed by the date set forth in paragraph 8(a).

9.

In the case of discovery disputes, the parties should follow Local Rule 37.2 and the
Court’s Individual Rules of Practice in Civil Cases (“Individual Practice Rules”), which
are available at https://nysd.uscourts.gov/hon-mary-kay-vyskocil. Any party wishing to
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Case 1:19-cv-03547-MKV Document 96 Filed 05/07/20 Page 3 of 5

raise a discovery dispute with the Court must first meet and confer in good faith with
the opposing party, in person or by telephone, in an effort to resolve the dispute.
10.

All motions and applications shall be governed by the Federal Rules of Civil Procedure,
the Local Rules of the Southern District of New York, and the Court’s Individual Practice
Rules.

11.

All counsel must meet face-to-face for at least one hour to discuss settlement and the use
of alternate dispute resolution within fourteen (14) days after the close filing of a
responsive pleading.

12.

The parties have/have not [circle one] discussed settlement and the use of alternate
dispute resolution. Please advise the Court of the outcome of your discussion. (Do not
disclose the substance of settlement discussions).
________________________________________________________________________
No settlement was reached
________________________________________________________________________
________________________________________________________________________
a. Counsel for the parties have discussed an informal exchange of information in aid
of an early settlement of this case and have agreed upon the following [specify
whether such exchanges have occurred, will occur now, or will occur following
fact discovery]: N/A

b. Counsel for the parties have discussed the use of the following alternate dispute
resolution mechanisms for use in this case: (i) a settlement conference before a
Magistrate Judge; (ii) participation in the District’s Mediation Program; and/or
(iii) retention of a privately retained mediator. Counsel for the parties propose the
following alternate dispute resolution mechanism for this case:
a settlement conference before a Magistrate Judge

c. Counsel for the parties recommend that the alternate dispute resolution
mechanism designated in paragraph b be employed at the following point in the
case (e.g. within the next sixty days; after the deposition of plaintiff is completed
(specify date); after the close of fact discovery):
Following the close of fact discovery

(NOTE) The use of any alternative dispute resolution mechanism does not stay or
modify any date in this Order. Unless the Court orders otherwise, parties engaged in
settlement negotiations must pursue settlement and conduct discovery simultaneously.
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Parties should not assume that they will receive an extension of an existing deadline if
settlement negotiations fail.
13.

Counsel for the parties have conferred and their present best estimate of the length of trial
is: 5 days
.

14.

[Parties may include other provisions. See Rule 26(f)(3).]

--------------------------------------------------------------------------------------------------------------------TO BE COMPLETED BY COURT:
The Plan has been reviewed by the Court and, except as modified, is adopted as the Scheduling
Order of this Court in accordance with Rule 16(b), Fed. R. Civ. P.

A Post-Discovery Conference is scheduled for September 22, 2020 at 10:00AM in
Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York,
NY 10007.
One week before the conference, the parties shall submit a joint letter regarding the status
of the case. The letter should include the following information in separate paragraphs:

a. a statement of any existing deadlines, due dates, and/or cut-off dates;
b. a brief description of any outstanding motions;
c. a brief description of the discovery undertaken and if either party believes any
additional discovery that needs to be completed, the reason why the discovery has
not been undertaken.
d. a statement describing the status of any settlement discussions and whether the
parties would like a settlement conference;
e. a statement of the anticipated length of trial and whether the case is to be tried to a
jury;
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f. a statement of whether any party anticipates filing a motion for summary
judgment or a motion to exclude expert testimony (see Individual Practice Rules
¶4(A)(i));
g. any other issue that the parties would like to address at the conference; and
h. any other information that the parties believe may assist the Court in advancing
the case to settlement or trial.
If no Summary Judgment motion is anticipated, the post-discovery conference will serve as a
pre-trial conference. Parties should be prepared to discuss scheduling of trial and all pre-trial
matters.
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
(except as noted in paragraph 6) shall be made in a written application in accordance with
paragraph 2(G) of the Court’s Individual Practice Rules and shall be made no less than
three (3) days prior to the expiration of the date sought to be extended.

____________________________________
Hon. Mary Kay Vyskocil
United States District Judge

5/7/2020
Dated: _____________________
New York, New York

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