Ritter v. Toys "R" Us-Delaware, Inc.

Filing 17

ORDER Amending 7 Scheduling Order: First Mediation Session due by 10/12/2012; Fact Deposition completed by 4/12/2012; Plaintiff's Expert Disclosure by 5/10/2012; Defendant's Expert Disclosure by 6/14/2013; Expert Depositions completed by 9/13/2013; Discovery completed by 10/18/2013; Dispositive Motions due by 12/6/2013; Mediation To End by 12/20/2013. Signed by Hon. H. Kenneth Schroeder, Jr on 7/19/2012. (KER)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

LESLIE RITTER,
Plaintiff,

11-CV-1067A(Sr)

v.
TOYS “R” US-DELAWARE, INC.,

AMENDED CASE
MANAGEMENT ORDER

Defendant.

Pursuant to the Order of the Hon. Richard J. Arcara referring this case to
the undersigned for pretrial procedures and the entry of a scheduling order as provided
in Rule 16(b) of the Federal Rules of Civil Procedure and Rule 16.1(a) and Proposed
Rule 16.2 of the Local Rules of Civil Procedure for the Western District of New York, it
is ORDERED that the Case Management Order is amended as follows:

1.

The initial mediation session shall be held no later than

October 12, 2012.

2.

All fact depositions shall be completed no later than April 12, 2013.

3.

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 May 10, 2013.
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 June 14, 2013.

4.

All expert depositions shall be completed no later than September

5.

All applications to resolve discovery disputes shall be filed no later

13, 2013.

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.

6.

All discovery in this case shall be completed no later than

October 18, 2013.

7.

Dispositive motions shall be filed by all parties no later than

December 6, 2013. See generally Local Rule 7.1(c); 56. Such motions shall be made
returnable before the Magistrate Judge.

8.

Mediation session may continue, in accordance with Section 5.11

of the ADR Plan, until December 20, 2013. The continuation of mediation sessions
shall not delay or defer other dates set forth in this Case Management Order.

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9.

Modification or extension of the dates set forth in this Case

Management Order are strongly discouraged. Extensions will only be considered for
meritorious reasons.

10.

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
July 19, 2012
S/ H. Kenneth Schroeder, Jr.
H. KENNETH SCHROEDER, JR.
United States Magistrate Judge

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