Sookul v. Galaxy of Comics

Filing 7

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. Parties and counsel are cautioned as further set forth in this Order. 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. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/18/23) (yv)

Case 1:23-cv-00379-JMF-BCM Document 7 Filed 01/18/23 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

1/18/23

SANJAY SOOKUL,
Plaintiff,

23-CV-379 (JMF) (BCM)

-against-

ORDER REGARDING GENERAL
PRETRIAL MANAGEMENT

GALAXY OF COMICS,
Defendant.

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.

Case 1:23-cv-00379-JMF-BCM Document 7 Filed 01/18/23 Page 2 of 3

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. Courtesy copies of letters and lettermotions filed via ECF are required only if the filing contains voluminous attachments. Courtesy
copies should be delivered promptly, should bear the ECF header generated at the time of
electronic filing, and should include tabs for the 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 Tamika
Kay at [phone] immediately.
7.

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

2

Case 1:23-cv-00379-JMF-BCM Document 7 Filed 01/18/23 Page 3 of 3

all other remote participants, and so long as all participants (including the officer) can clearly
hear and be heard by all other participants.
8.

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.
Dated: New York, New York
January 18, 2023

SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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