Canty v. Cunningham et al

Filing 23

ORDER: Defendants T. Cunningham, C. Gonzalez, J. Gonzalez, B. Rosseau and M. Ruqet have filed an Answer dated June 3, 2024 (ECF No. 21) to Jerel Canty's Complaint dated January 2, 2024 (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 September 20, 2024. After review and approval of the Scheduling Order, the Court will issue an Order of Re ference 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. (Signed by Judge Nelson Stephen Roman on 8/30/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

8/30/2024

JEREL CANTY.,
Plaintiff,
-againstNo. 24 Civ. 0014 (NSR)
ORDER
CORRECTION OFFICER T. CUNNINGHAM,
ET AL
Defendants.

NELSON S. ROMÁN, United States District Judge:
Defendants T. Cunningham, C. Gonzalez, J. Gonzalez, B. Rosseau and M. Ruqet have filed
an Answer dated June 3, 2024 (ECF No. 21) to Jerel Canty’s Complaint dated January 2, 2024 (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
September 20, 2024. 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: August 30, 2024
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, nonparty 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