Vescio et al v. Bankers Standard Insurance Company

Filing 12

ORDER: Defendant Bankers Standard Insurance Company ("Defendant") has filed a Verified Answer, dated November 14, 2023 (ECF No. 11), to Brian Vescio and Costanca Vescio's ("Plaintiffs") Complaint, dated October 24, 2023 (ECF No. 8). 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 December 6, 2023. After review and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Victoria Reznik for general pretrial purposes. The parties are directed to contact Judge Reznik within seven (7) business days of the date of the Order of Reference to schedule a conference. (Signed by Judge Nelson Stephen Roman on 11/15/2023) (ate)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
11/15/2023

BRIAN VESCIO and CONSTANCA VESCIO,
Plaintiffs,

23-CV-8679 (NSR)

-againstBANKERS STANDARD INSURANCE
COMPANY,

ORDER

Defendant.
NELSON S. ROMÁN, United States District Judge:
Defendant Bankers Standard Insurance Company (“Defendant”) has filed a Verified
Answer, dated November 14, 2023 (ECF No. 11), to Brian Vescio and Costanca Vescio’s
(“Plaintiffs”) Complaint, dated October 24, 2023 (ECF No. 8). 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 December 6, 2023. After review and
approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge
Victoria Reznik for general pretrial purposes. The parties are directed to contact Judge Reznik
within seven (7) business days of the date of the Order of Reference to schedule a conference.

Dated: November 15, 2023
White Plains, New York

SO ORDERED.

______________________
Nelson S. Román, U.S.D.J.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------x

Plaintiff(s),

Rev. May 2014

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 _____________________. Any party
seeking to amend its pleadings after that date must seek leave of court via motion.

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