Trustees of the District Council No. 9 Painting Industry Insurance Fund et al v. Reliable Services Corporation et al

Filing 22

ORDER: Defendant Aurora Contractors Inc. has filed an Answer, dated March 17, 2023 (ECF No. 19), to Plaintiffs' Complaint, dated September 27, 2022 (ECF No. 1). Thus, the Court waives the Initial Pre-Trial Conference requirement and d irects the parties to submit a proposed Case Management Plan and Scheduling Order (blank form attached hereto) by June 7, 2023. After review and approval of the Scheduling Order, the Court will issue an Order of Reference to Ma gistrate Judge Andrew E. Krause for general pretrial purposes. The parties are directed to contact Judge Krause within seven (7) business days of the date of the Order of Reference to schedule a conference. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/19/2023) (tg)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TRUSTEES OF THE DISTRICT COUNCIL NO. 9 PAINTING INDUSTRY INSURANCE FUND, TRUSTEES OF THE DISTRICT COUNCIL NO. 9 PAINTING INDUSTRY ANNUITY FUND, TRUSTEES OF THE DISTRICT COUNCIL NO. 9 FINISHING TRADES INSTITUTE, TRUSTEES OF THE INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES NATIONAL PENSION FUND, and THE DISTRICT COUNCIL NO. 9 GLAZIERS LOCAL UNION NO. 1087 OF THE INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES, Plaintiffs, 5/19/2023 No. 22 Civ. 8258 (NSR) ORDER -against- RELIABLE SERVICES CORPORATION AND BUNTING ARCHITECTURAL METALS A/K/A BUNTING GRAPHICS, INC., and AURORA CONTRACTORS INC., Defendants. NELSON S. ROMÁN, United States District Judge: Defendant Aurora Contractors Inc. has filed an Answer, dated March 17, 2023 (ECF No. 19), to Plaintiffs’ Complaint, dated September 27, 2022 (ECF No. 1). Thus, the Court waives the Initial Pre-Trial Conference requirement and directs the parties to submit a proposed Case Management Plan and Scheduling Order (blank form attached hereto) by June 7, 2023. After review and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Andrew E. Krause for general pretrial purposes. The parties are directed to contact Judge Krause within seven (7) business days of the date of the Order of Reference to schedule a conference. SO ORDERED. Dated: March 19, 2023 White Plains, New York Nelson S. Román, U.S.D.J. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x Plaintiff(s), Rev. Jan. 2012 CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER - against - Defendant(s). CV (NSR) -------------------------------------------------------------x This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel, pursuant to Fed. R. Civ. P. 16 and 26(f): 1. All parties [consent] [do not consent] to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. (If all parties consent, the remaining paragraphs of this form need not be completed.) 2. This case [is] [is not] to be tried to a jury. 3. Joinder of additional parties must be accomplished by _______________________. 4. Amended pleadings may be filed until _____________________. 5. Interrogatories shall be served no later than ___________________, and responses thereto shall be served within thirty (30) days thereafter. The provisions of Local Civil Rule 33.3 [shall] [shall not] apply to this case. 6. First request for production of documents, if any, shall be served no later than ____________________. 7. Non-expert depositions shall be completed by ____________________________. a. Unless counsel agree otherwise or the Court so orders, depositions shall not be held until all parties have responded to any first requests for production of documents. b. Depositions shall proceed concurrently. c. Whenever possible, unless counsel agree otherwise or the Court so orders, non- party depositions shall follow party depositions. 8. Any further interrogatories, including expert interrogatories, shall be served no later than _______________________. 9. Requests to Admit, if any, shall be served no later than ______________________. 10. Expert reports shall be served no later than ______________________. 11. Rebuttal expert reports shall be served no later than ______________________. 12. Expert depositions shall be completed by ______________________. 13. Additional provisions agreed upon by counsel are attached hereto and made a part hereof. 14. ALL DISCOVERY SHALL BE COMPLETED BY ______________________. 15. Any motions shall be filed in accordance with the Court’s Individual Practices. 16. This Civil Case Discovery Plan and Scheduling Order may not be changed without leave of Court (or the assigned Magistrate Judge acting under a specific order of reference). 17. The Magistrate Judge assigned to this case is the Hon. 18. If, after entry of this Order, the parties consent to trial before a Magistrate Judge, the Magistrate Judge will schedule a date certain for trial and will, if necessary, amend this Order consistent therewith. 19. The next case management conference is scheduled for _____________________, at ____________. (The Court will set this date at the initial conference.) . SO ORDERED. Dated: White Plains, New York _______________________ Nelson S. Román, U.S. District Judge

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