Coolidge v. United States of America

Filing 22

ORDER granting 21 Motion to Extend Case Management Order. NO FURTHER ADJOURNMENTS WILL BE GRANTED ABSENT A SHOWING OF EXTRAORDINARY CIRCUMSTANCES. Signed by Hon. H. Kenneth Schroeder, Jr on 8/27/2012. (KER)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

WILMA COOLIDGE, as Executor of the
Estate of Howard Southard, deceased,
Plaintiff,

10-CV-363S(Sr)

v.
UNITED STATES OF AMERICA,

AMENDED CASE
MANAGEMENT ORDER

Defendant.

By joint request of counsel, this Court’s Amended Case Management
Order dated November 1, 2011 is hereby amended as follows:

1.

All fact depositions shall be completed no later than

November 30, 2012.

2.

Plaintiff shall identify any expert witnesses who may be used at trial

and provide reports pursuant to Fed. R. Civ. P. 26(a)(2)(B) no later than December 21,
2012. Defendant shall identify any expert witnesses who may be used at trial and
provide reports pursuant to Fed. R. Civ. P. 26(a)(2)(B) no later than January 18, 2013.

3.
March 22, 2013.

All expert depositions shall be completed no later than

4.

All applications to resolve discovery disputes shall be filed no later

than 30 days before the discovery completion date. In the event of a bonafide
discovery dispute that cannot be resolved by counsels’ good faith efforts (see generally
Local Rule 37), the parties shall submit, by joint letter, signed by all counsel, a
statement of the issue(s) to be resolved by the Court. Each party, within five business
days thereafter, shall submit by letter a statement of facts and law it wishes the Court to
consider. The Court reserves the right to request full briefing by the parties, in which
case the Court will so advise the parties.

5.

All discovery in this case shall be completed no later than

March 29, 2013.

6.

Dispositive motions shall be filed by all parties no later than

May 10, 2013. See generally Local Rule 7.1(c); 56. Such motions shall be made
returnable before Judge Skretny unless the referral order grants the Magistrate Judge
authority to hear and report upon dispositive motions. The parties are directed to
provide a courtesy copy of all motion papers to the Judge who will be hearing the
motion.

7.

In the event no dispositive motions are filed, a Status

Conference is set for May 21, 2013 at 10:00 a.m. before the Hon. H. Kenneth
Schroeder, Jr.

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8.

Mediation sessions may continue, in accordance with Section

5.11 of the ADR Plan, until May 17, 2013. The continuation of mediation sessions
shall not delay or defer other dates set forth in this Case Management Order.

9.

NO FURTHER ADJOURNMENTS WILL BE GRANTED

ABSENT A SHOWING OF EXTRAORDINARY CIRCUMSTANCES.

10.

Counsel are directed to refer to Judge Skretny’s Guide to Civil

Practice for additional guidelines.

11.

Sanctions: Counsel’s attention is directed to Fed.R.Civ.P.

16(f) calling for sanctions in the event of failure to comply with any direction of this
Court.

SO ORDERED.
DATED:

Buffalo, New York
August 27, 2012
S/ H. Kenneth Schroeder, Jr.
H. KENNETH SCHROEDER, JR.
United States Magistrate Judge

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