Emory & Webb, Inc. v. Christy et al

Filing 29

ORDER EXTENDING DISCOVERY, Depositions shall be completed by March 15, 2023. All expert disclosures, including reports, production of underlying documents and depositions shall be completed by: Expert(s) of Plaintiff(s) June 09, 2023. Expert(s) of Defendant(s) 7/8/2023. Fact Discovery due by 4/27/2023., Case Management Conference set for 6/27/2023 at 10:30 AM before Judge Kenneth M. Karas. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/17/23) (yv)

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Case 7:22-cv-03436-KMK-AEK 01/17/23 Page Page11ofof33 Case 7:22-cv-03436-KMK-AEK Document Document 29 28 Filed Filed 01/12/23 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK EMERY & WEBB, INC . Civil Action No. 7:22-cv-03436 KMK Plaintiff(s), APPLICATION FOR EXTENSION TIME TO CONDUCT DISCOVERY V. OF JONATHAN CHRISTY, MATI CHRISTY, CORP. FIN SERV, INC., CFS DENTAL DMSION, LLC, AND JOSEPH M. DIMARCO JR, Defendant(s) Application is hereby made for an Order extending the time parties have to conduct and complete discovery. It is represented that: I. No previous extension has been obtained; 2. The reasons underlying this request were discussed before and deemed reasonable by Judge Kraus during the December 12, 2022 Case Management Conference (and memorialized in the letter Plaintiff submitted to the Court on the same day); 3. The minute entry entered on December 12, 2022 further ordered that Defendants shall respond to Plaintiffs initial discovery requests on or by January 15, 2022; 4. All litigants have consented to this request and suggested amended deadlines. KEIDEL, WELDON & GOLDBERGSEGALLA,LLC Robert G ; de, Esq. 925 Westchester Avenue, Suite 400 White Plains, NY l 0604 Tel: (914) 948-7000 Attorneys for Emery & Webb, Inc. Ad~ ~ 71 l Third Avenue, 19th Floor New York, NY 10017 Tel: (646) 292-8700 akatz@goldbergsegalla.com Attorneys for Jonathan Christy, Matt Christy, Corp. Fin Serv, Inc., CFS Dental Division, LLC, and Joseph M Dimarco Jr. 33332394.vl Case 29 Filed Filed01/12/23 01/17/23 Page Page2 2ofof3 3 Case7:22-cv-03436-KMK-AEK 7:22-cv-03436-KMK-AEK Document Document 28 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK EMORY & WEBB, INC. Civil Action No. 7:22-cv-03436 KMK Plaintiff(s), ORDER EXTENDING DISCOVERY v. JONATI-JAN CHRISTY, :tvlAIT CHRISTY, CORP. FIN SERV, INC., CFS DENTAL DIVISION, LLC, AND JOSEPH M. DIMARCO JR, Defendant(s) Upon consent of counsel and application to the Court, and subject to the limitation identified in the December 12, 2022 minute entry, the discovery deadlines of and for this matter shall be uniformly extended by ninety (90) days such that: 1) Initial Disclosures made pursuant to Rule 26(a)(l), Fed. R. Civ. P., shall be completed no later than January 16. 2023. 2) AU/act discovery shall be completed no later than April 27. 2023 in accordance with the following deadlines: a. Defendants shall respond to Plaintiff's initial interrogatories and requests for production by January 15. 2023; b. Defendant's initial requests for production of documents shall be served by January 29, 2023. c. Defendant's initial interrogatories shall be served by January 29, 202.3. d. Depositions shall be completed by March 15~2023. i. Unless the parties agree or the Court so orders, depositions are not to be held until all parties have responded to initial requests for document production. n. There is no priority in deposition by reason of a party's statys as plaintiff or defendant. m. Unless the parties agree or the Court so orders, non-party depositions shall follow initial party depositions. e. Requests to Admit shall be served no later than March 24. ~ 2023 3) All expert disclosures, including reports, production of underlying documents and depositions shall be completed by: 33J32394_vl Case 29 Filed Filed01/12/23 01/17/23 Page Page3 3ofof3 3 Case7:22-cv-03436-KMK-AEK 7:22-cv-03436-KMK-AEK Document Document 28 a. Expert(s) of Plaintiff(s) June 09. 2023. b. Expert(s) ofDefendant(s) Ju.Iv 08,.2023. 4) Motions: a. All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements. b. 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 premotion conference in writing at least two (?) weeks prior to this deadline. 5) All counsel must meet for at least one hour to discuss settlement not later than two weeks following the close·offact discovery. 6) 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. TO BE COMPLETED BY THE COURT: 7) [Other directions to the parties:] There will be no further extensions of discovery. June 8) ~, 10·. 3o The next Case Management Conference shall occur ~ '- 2023 ~~:>l3Mx The movant's pre-motion letter is due May 9, 2023-. The non-movant's response is due May I 6. 2023. SO ORDERED DATED:_ / _; j / 1202 3 By: KENNETH M. K S UNITED STATES DISTRICT JUDGE 33332394.vl at

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