Kerker v. BMDC Construction Limited et al

Filing 11

ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses, as further set forth. PLEASE BE AWARE THAT, FOR THE DURATION OF THE COVID-19 NATIONAL EMERGENCY, UNLESS OTHERWISE ORDERED BY THE COURT: Conferences and Hearings. Court conferences and hearings may be conducted by teleconference, videoconference, or in person. Teleconferences are held on the Court's AT&T line. If a teleconference is scheduled, the parties are directed to call [phone] and enter the access code 7746387 a few minutes before the scheduled time. Videoconferences are held using the Court's videoconferencing technology (Microsoft Teams) or (with the prior approval of the Court) such alternative videoconferencing technology as the parties agree upon and arrange. If the Court's technology is used, the Court will provide the link and further instructions in an email to counsel closer to the date of the conference. Please treat teleconferences and videoconferences as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. In person conferences are held in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, as further set forth. (Signed by Magistrate Judge Barbara C. Moses on 11/16/2021) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

11/16/21

JUSTIN KERKER,
Plaintiff,

21-CV-9277 (PGG) (BCM)

-against-

ORDER REGARDING GENERAL
PRETRIAL MANAGEMENT

BMDC CONSTRUCTION LIMITED, et al.,
Defendants.

BARBARA MOSES, United States Magistrate Judge.
The above-referenced action has been referred to Magistrate Judge Barbara Moses for
general pretrial management, including scheduling, discovery, non-dispositive pretrial motions,
and settlement, pursuant to 28 U.S.C. § 636(b)(1)(A). All pretrial motions and applications,
including those related to scheduling and discovery (but excluding motions to dismiss or for
judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification
under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's
Individual

Practices

in

Civil

Cases,

available

on

the

Court's

website

at

https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned:
1.

Once a discovery schedule has been issued, all discovery must be initiated in time

to be concluded by the close of discovery set by the Court.
2.

Discovery

applications,

including

letter-motions

requesting

discovery

conferences, must be made promptly after the need for such an application arises and must
comply with Local Civil Rule 37.2 and § 2(b) of Judge Moses's Individual Practices. It is the
Court's practice to decide discovery disputes at the Rule 37.2 conference, based on the parties'
letters, unless a party requests or the Court requires more formal briefing. Absent extraordinary
circumstances, discovery applications made later than 30 days prior to the close of discovery
may be denied as untimely.
3.

For motions other than discovery motions, pre-motion conferences are not

required, but may be requested where counsel believe that an informal conference with the Court
may obviate the need for a motion or narrow the issues.
4.

Requests to adjourn a court conference or other court proceeding (including a

telephonic court conference) or to extend a deadline must be made in writing and in compliance
with § 2(a) of Judge Moses's Individual Practices. Telephone requests for adjournments or
extensions will not be entertained.
5.

In accordance with § 1(d) of Judge Moses's Individual Practices, letters and letter-

motions are limited to four pages, exclusive of attachments.
6.

If you are aware of any party or attorney who should receive notice in this action,

other than those currently listed on the docket sheet, please notify Courtroom Deputy Kevin
Snell at [phone] immediately.
7.

Counsel for the plaintiff must serve a copy of this Order on any defendant

previously served with the summons and complaint, must serve this Order along with the
summons and complaint on all defendants served hereafter, and must file proof of such service
with the Court.

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PLEASE BE AWARE THAT, FOR THE DURATION OF THE COVID-19
NATIONAL EMERGENCY, UNLESS OTHERWISE ORDERED BY THE COURT:
Conferences and Hearings. Court conferences and hearings may be conducted by
teleconference, videoconference, or in person. Teleconferences are held on the Court’s
AT&T line. If a teleconference is scheduled, the parties are directed to call (888) 5578511 and enter the access code 7746387 a few minutes before the scheduled time.
Videoconferences are held using the Court's videoconferencing technology (Microsoft
Teams) or (with the prior approval of the Court) such alternative videoconferencing
technology as the parties agree upon and arrange. If the Court's technology is used, the
Court will provide the link and further instructions in an email to counsel closer to the
date of the conference. Please treat teleconferences and videoconferences as you would
treat a public court appearance. If a conference or hearing in another matter is ongoing,
please be silent (mute your line) until your case is called. In person conferences are held
in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl
Street, New York, New York.
Remote Depositions. Pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), 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, 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.

Dated: New York, New York
November 16, 2021

SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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