Ceglia v. Zuckerberg et al

Filing 293

ORDER. Scheduling Conference set for 3/28/2012 10:30 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 2/15/2012. (SDW)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
PAUL D. CEGLIA,
Plaintiff,

ORDER

v.
10-CV-569A(F)
MARK ELLIOT ZUCKERBERG,
FACEBOOK, INC.
Defendants.

This action has been referred to the undersigned, a magistrate judge of this
court, by order of Hon. Richard J. Arcara for entry of a scheduling order in accordance
with Rule 16 of the Federal Rules of Civil Procedures (“Federal Rules”) and Local Rule
of Civil Procedure 16.1.
Each party, including any party appearing for themselves without counsel, shall
appear before the undersigned on March 28, 2012 at 10:30 a.m. at 500 U.S.
Courthouse, 2 Niagara Square, Buffalo, New York for the purpose of entry of a case
management order as required by Fed.R.Civ.P. 16(b).
All parties should note that the case is subject to mandatory pretrial mediation as
required by the court’s Alternative Dispute Resolution Plan (“the ADR Plan”) approved
by the court’s District Judges in their order dated August 23, 2005 as revised January 1,
2008. The parties are urged to consult the ADR Plan as revised and a related
document, Alternative Dispute Resolution Procedures, copies of which are available
from the Clerk of Court and on the court’s website at www.nywd.uscourts.gov.
The parties’ attention is drawn to the obligation of the parties to select a
mediator in accordance with Section 5.4C of the ADR Plan, and propose to the
undersigned a timetable to be included in the Rule 16 scheduling order for

commencing and completing the mediation. Such dates, in addition to the other
relevant timetables for the pretrial phase of this case as requested herein, shall
be submitted by the parties to the undersigned along with the proposed
Discovery Plan for this case required by Rule 26(f) of the Federal Rules and this
order. Accordingly, the parties shall consider and advise the court in the
Discovery Plan regarding the extent to which, if any, discovery may be needed to
facilitate the mediation required by the ADR Plan.
As required by Fed.R.Civ.P. 26(f), the parties shall confer at least 21 days prior
to the Rule 16(b) hearing as scheduled above for (1) the purposes set forth in Rule
26(f)(2) preparation of the required Proposed Discovery Plan, and (2) to propose to the
court a Case Management Order that will establish outside cut-off dates for the further
progress of this case including:
(a)

Making all disclosures as required by Fed.R.Civ.P. 26(a)(1).

(b)

Motions to amend the pleadings or add parties.

(c)

Commencement and completion of mediation pursuant to the ADR
Plan.

(d)

Commencement and completion of all fact discovery.

(e)

Completion of all expert discovery, if any, by each party including
strict compliance with Fed.R.Civ.P. 26(a)(2) regarding the
identification and filing reports of testifying experts.

(f)

Motions to compel.

(g)

The filing of any dispositive motions.

Such proposed discovery plan and case management order shall, pursuant to
Fed.R.Civ.P. 26(f), be submitted to the court in writing at least 14 days prior to the Rule
16(b) conference as herein provided. Any failure by a party or the party’s attorney

to participate in good faith in the development and submission of a proposed
discovery plan required by Rule 26(f) or this order may result in the award of
expenses and attorney’s fees to the other party caused by such failure.
Fed.R.Civ.P. 37(g).
THE PARTIES ARE REQUESTED TO CONSIDER AND ARE ENCOURAGED
TO ACT FAVORABLY ON THE ATTACHED CONSENT TO PROCEED BEFORE A
UNITED STATES MAGISTRATE JUDGE IN A CIVIL CASE PURSUANT TO TITLE 28
OF THE UNITED STATES CODE, SECTION 637(c). HOWEVER, NO SUBSTANTIVE
ADVERSE CONSEQUENCES WILL RESULT SHOULD THE PARTIES ELECT NOT
TO CONSENT. IF THE PARTIES WISH TO CONSENT, ALL PARTIES MUST
EXECUTE THE CONSENT FORM AND RETURN IT TO THE CLERK OR THE
UNDERSIGNED FOR PROCESSING.
SO ORDERED.
/s/ Leslie G. Foschio
________________________________
LESLIE G. FOSCHIO
UNITED STATES MAGISTRATE JUDGE
Dated: February 15, 2012
Buffalo, New York

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_____________________________________

Plaintiff,

SCHEDULING ORDER

v.
__-CV-___ S(F)
Defendant.
_____________________________________
Pursuant to the Order of the Hon. Richard J. Arcara referring the above case to
the undersigned for pretrial procedures and the entry of a scheduling order as provided
in FED .R.CIV.P. Rule 16(b) and Local Rule 16.1(a) and a conference with counsel
having been held on ________, it is ORDERED that:
1.

In accordance with Section 2.1A of the Plan for Alternative Dispute

Resolution,1 this case has been referred to mediation.
2.

Motions to opt out of ADR shall be filed no later than [10 business days

from date of the Scheduling Conference].
3.

Compliance with the mandatory disclosure requirements found in Rule

26(a)(1) of the Federal Rules of Civil Procedure will be accomplished by _________.
4.

The parties shall confer and select a Mediator, confirm the Mediator’s

availability, ensure that the Mediator does not have a conflict with any of the parties in
the case, identify a date and time for the initial mediation session, and file a stipulation
confirming their selection on the form provided by the Court no later than [30 days from
date of the Scheduling Conference].

1

A copy of the ADR Plan, a list of ADR Neutrals, and related form s and docum ents can be found
at http://www.nywd.uscourts.gov or obtained from the Clerk’s Office.

5.

The initial mediation session shall be held no later than [75 days from

date of the Scheduling Conference].
6.

All motions to join other parties and to amend the pleadings shall be filed

on or before ____________.
7.

All fact discovery in this case shall conclude on _______________. All

motions to compel fact discovery shall be filed on or before _________________.
8.

As the ADR program does not stay discovery, Plaintiff shall initiate

discovery, through interrogatories and document requests, not later than ________ [45
days from the date of Scheduling Conference].
9.

Plaintiff(s) shall identify any expert witnesses through interrogatories and

provide reports pursuant to FED .R.CIV.P. 26 by _______________. Defendant(s) shall
identify any expert witnesses through interrogatories and provide reports pursuant to
FED .R.CIV.P. 26 by ___________. Motions to compel expert disclosures shall be filed
not later than ________________.
10.

Dispositive motions, if any, shall be filed no later than _______________.

Such motions shall be made returnable before the undersigned.
11.

Mediation sessions may continue, in accordance with Section 5.11 of the

ADR Plan, until [a date after dispositive motion deadline]. The continuation of
mediation sessions shall not delay or defer other dates set forth in this Scheduling
Order.
No extension of the above cutoff dates will be granted except upon written
application to the undersigned, filed prior to the cutoff date, showing good cause for the
extension. The attached guidelines shall govern all depositions. 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.
________________________________
LESLIE G. FOSCHIO
UNITED STATES MAGISTRATE JUDGE
Dated: ___, 2011
Buffalo, New York

AO 85 (Rev. 01/09) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

UNITED STATES DISTRICT COURT
for the
Western District of New York
)
)
)
)
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Plaintiff

v.
Defendant

Civil Action No.

NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all
proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may
then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may

exercise this authority only if all parties voluntarily consent.
You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse
substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise
be involved with your case.
Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Parties’ printed names

Signatures of parties or attorneys

Dates

Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and
order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.

Date:
District Judge’s signature

Printed name and title

Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a
United States magistrate judge. Do not return this form to a judge.