Soft Drink, Brewery Workers and Delivery Empoyees, Industrial Employees, Warehousemen, Helpers and Miscellaneous Workers, Greater New York and Vicinity, Local Union No. 812 v. Ulrich

Filing 94

CASE MANAGEMENT AND SCHEDULING ORDER granting 92 LETTER MOTION for Discovery for Court's approval of proposed schedule. This case is not to be tried to a jury. No additional parties may be joined except with leave of the Court. Amended plead ings may not be filed except with leave of the Court. All fact discovery is to be completed no later than August 31, 2020. Depositions to be completed by July 24, 2020. All expert disclosures, including reports, production of underlying documents and depositions are to be completed by: a. Expert(s) of Plaintiff(s) June 24, 2020. b. Expert(s) of Defendant(s) June 24, 2020. Motions: All motions and applications shall be governed by the Court's Individual Practices, including pre-motion co nference requirements. Summary Judgment or other dispositive motions are due at the close of discovery. All counsel must meet for at least one hour to discuss settlement not later than two weeks following the close of fact discovery. Parties have conferred and their present best estimate of the length of trial is Plaintiff: 4 days. The Proposed Discovery Schedule is adopted. The Clerk of Court is directed to terminate the Motion at Dkt. No. 92. (And as further set forth herein.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/3/2020) (jca)

Case 7:17-cv-00137-KMK-LMS Document 92-1 Filed 02/28/20 Page 1 of 4

UNITED STATES DISTRICT coURr .
SOUTHERN DISTRICT OF NEW YORK

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worKe~

t.tric!. oehvery i=.rt'lployee!i. Loeal Un,~

No . (( i;;>' et-.

a.-(.,

Plaintiff,

Case No.

17- l31

Civ.

(KMK)(Ltt.5)

-VCASE MANAGEMENT AND
SCHEDULING ORDER

John u\ tic h.
Defendant.

KENNETH M. KARAS, District Judge:
At the conference byfore the Court held on
this
Case Management Plan and Schedul1ng.Order was adopted in accordance with Rules l 6-26(f) of the
Federal Rules of Civil Procedure.
·

90

1.

This case (is)

2.

No additional parties may be joined except with leave of the Court.

3.

Amended pleadings may not be filed except with leave of the Court.

4.

Initial disclosure pursuant to Rule 26(a)(l), Fed. R. Civ. P., will be completed not
later than Apf't l ·;,y, 2020
[ absent exceptional circumstances, within
fourteen (14) days of the date of the parties' conference pursuant to Rule 26(f)].

5.

[a
All fact discovery is to b~ completed no later than AY5uSt- 3), ~02 O
period not to exceed 120 days unless the Court finds that the case presents unique
complexities or other exceptional circumstances].

6.

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 the parties meet the fact discovery completion
date in paragraph 6 above:
a.

be tried to a jury [circle one].

Initial requests for production of documents to be served by ~ l~,'loZO

Case 7:17-cv-00137-KMK-LMS Document 92-1 Filed 02/28/20 Page 2 of 4

b.
c.

~· Interrogatories tO be Served by
Depositions to be completed by

Apr, l

21./ I d020

Jul\t J'i, ;JO 2. 0
~

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i.
Unless the parties agree or the Court so orders, 'depo~itions a.ii/ ~ot .
to be held until all parties have responded to initial requests for document
·. ~ pro~~~tion.
·, ::"-:;,

ii.
There is no priority in deposition by reason of a party's status as
plaintiff or defendant.
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111.
Unless the parties agree' orthe,Court socor~ers,,nori-P,arty .. _ ,
depositions shall follow initial party depositions.
.. ,

d.

7.

Requests to Admit to be served no later than

Apn \

".:-~ ~

t,, .,

,JL/1 ;}020 .

All expert disclosures, including reports, production of underlying documents and
depositions are to be completed by:

:fvne ~4~

a.

Expert(s) of Plaintiff(s)

b.

Expert(s) ofDefendant(s)

Jun,e ;)4,

;;Jo20

-;Jo2J)

,8.

Motions: All motions and applications shall be governed by the Court's
Individual Practices, including pre-motion conference requirements. Summary
Judgment or other dispositive motions are due at the close of discovery. Pursuant
to the undersigned's Individual Practices, the parties shall request a pre-motion
conference in writing at least two (2) weeks prior to this deadline.

9.

All counsel must meet for at least one hour to discuss settlement not later than
two weeks following the close of fact discovery.

10.

a.

Counsel for the parties have discussed holding a settlement conference
before a Magistrate Judge.
'"".

b.

11.

W;

. The ~~ies (request)
not requ~ a settlement conference before a
United States Magistrate Judge [circle one].

a.

Counsel for the parties have discussed the use of the Court's Mediation
Program.

b.

The parties (request)~not r e ~ a t the case be referred to the
Court's Mediation Program [circle one].

Page 2 of 4

Case 7:17-cv-00137-KMK-LMS Document 92-1 Filed 02/28/20 Page 3 of 4

a.

Counsel for the parties have discussed the use of a privately-retained
mediator.

b.

12.

The parties (intend)
[circle one].

~ to use a privately-retained mediator

13.

The parties shall submit a Joint Pretrial Order prepared in accordance with the
undersigned's Individual Practices and Rule 26(a)(3), Fed.R.Civ.P. If this action
is to be tried before a jury, proposed voir dire, jury instructions and a verdict form
shall be filed with the Joint Pretrial Order. Counsel are required to meet and
confer on jury instructions and verdict form in an effort to make an agreed upon
submission.

14.

Parties have conferred and their present best estimate of the length of trial is

'Pla1n-h¢: l/ da.y S

l)e-Cer'"'ldar-*~ -

do.y .s

Page 3 of 4

Case 7:17-cv-00137-KMK-LMS Document 92-1 Filed 02/28/20 Page 4 of 4

TO BE COMPLETED BY THE COURT:

15.

[Other directions to the parties:]

There will be no extensions of the deadline for completion of discovery past the date
discovery is scheduled to be completed in this Order without the permission of the Court,
nor should counsel assume that any extensions will be granted. Counsel may seek
permission for extension of interim discovery deadlines from the magistrate judge to whom
the case is referred. Counsel may seek permission for an extension of the deadline for
completion of discovery past the date discovery is scheduled to be completed in this Order
only after consenting to allowing the magistrate judge to handle the case for all purposes.
16.

The next Case Management Conference is scheduled for_ _ _ _ _ _ _ _ __

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:,'

•

.,

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•

The movant' s pre-motion letter is due _ _ _ _ _ _ _ __
The non-movant's response is due _ _ _ _ _ _ _ _ _ __

SO ORDERED.
DATED:

The Proposed Discovery Schedule is adopted. The
Clerk of Court is directed to terminate the Motion at
Dkt. No. 92.

April 3, 2020
White Plains, New York

KENNETH M. KARAS
UNITED STATES DISTRICT JUDGE

Page 4 of 4