The Authors Guild, Inc. et al v. Hathitrust et al

Filing 20

PRETRIAL SCHEDULING ORDER: The parties do not consent to proceed before a United States Magistrate for all purposes. Case added to the November trailing Trial Calendar. Non jury 4 day trial. Amended Pleadings due by 1/1/2012. Joinder of Parties due by 1/1/2012. Motions due by 7/20/2012. Discovery due by 5/20/2012. (Signed by Judge Harold Baer on 11/19/2011) (cd)

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USDSSDNY DOCUMENT , ELECTRONICALLY FILED DOC #: _ _--'__ DATE FILED: UNnEDSTATESD~CTCOURT SOtrrHERN DlSTRlCT OF NEW YORK -~----p--rt---. ------P-Jai-ntj-.tlt-S).---X ,J -against- Civ. t 35'/ '(HB) PROpoSED PRETRIAL SCHEDULING ORDER ------------..-------------------~x APPEARANCES: Plaintiftts) by: Defendant(s) by: HAROLD BAER, Jr., Distriet Judge: Do the parties consent to proceed before 8 United States Magistrate for all purposes, 28 U.S.C. § 636(c) and Fed. R. Civ. P.731 purs~ to Yes_ No! Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, after holding an initial pretrial confen:nce on notice to all parties, it is hereby ordered that: Except under clrcumstances agreed to by the Court: ~ /}'l&r Tn~ 1. Tbis added to tbe Trial C.leudar. . Jury _. Non.Jwy.r: Estimated number of mal days is~. Counsel should not make any other conunitmcnts during this month. As a general rule. and for your information when filling this out prior to the PTC. keep in mind that all cases will be tried within a reasonable time from the date of this pretriaJ conference (e.g., 7 - 11 months) based on the complexity of the case. I will abide by your choice of month to try your case, assuming I deem it to be a reasonable time. Keep in mind the quid pro quo is that the month you choose. due to my trailing trial calendar format, will rarely if ever be changed. 2. No additional parties may be joined after ~4- ~luded New parties shall be bound by the deadlines in this Pretrial Scheduling Order. If new parties are joined, the party joining them shall fmward to them a copy of this Pretrial Scheduling Order and offer to provide them with access to all previously taken discovery. Should this pose a seemingly insurmowrtable problem. call Chambers. 3. NOaddilionaJ ......Ofactionor _ _ bc _ _ ~~. 4. DIscovery: All discovery shall be commenced immedi*!Y.~ a~ bar (e.g. b PSLRA) or further Order of the Court, and will be completed by ~ dOll. -Any delays that threaten this timetable are to be brought immediately to the attcn of the Court. ~ Court grants extensions. III!Y delays or in the taldP& of discovm should be rggtcd to the Court immediately. mrm m!pUfe8 Where applicable, decisions with respect to disclosure and discovery of electronically stored information. sbaU be provided to the Court within 10 dm fonowing the signinc of this Order by the Court. information, along with privilege issues related to that S. Modo...: The last motions (i.e., moving. opposition aDd reply papers) to be in Chambers is . Bither party may request (and will be given a date by Chambers) for~~;d~t"iriis:up~to;dtbe;·panies. consistent with Federal and/or Local Rules. to ensure that eacll sufficient time to brieftbeir motions by the deadline. In choosing the last date to submit fUlly briefed motions juxtaposed with your agrced-to trial month, keep in mind that the Court requires at least §O elm to decide dispositive motions. 6. Expert teItImoay: Disclosure of expert testimony, if any. will be made at 1east 4S d8)'1 before the first day of the aped to trial month. Evidence intended to contradict or rebut the subject matter of the expert testimony will be submitted within 21 calendar days after the disclosure made by the other party subject only to further order of this Court. I 7. JoiDt Pretrial Order: Ajoint pretrial order may be requested when YOlD' trial date is set, and will typically need to be submitted to Chambers &om 10 days to 2 weeks prior to trial. See my Individual Practices for details. 9. MedJa1ion: Upon request to bers by either side, the Court will schedule and conduct a settlement conference and/or mediation. The Court will also, upon request. facilitate mediation under the Court Mediation Program or a settlement conference before YOlD' Masistrat.e Judge. In the case of a mediation to be conducted by the Court:. all parties must bring their respective clients to the mediation. Keep in mind., closure. for the most part, is aa:omplisbed in dUect proportion to bow early in the litigation the mediation occurs. Any ADR procedure must occur within the framework of this order. 10. SettlelDeatlDileondnuance: WbeDcver a case is resolved, the parties must submit an Order of Discontinuanee, signed by all parties. before the case: will be removed from the trial calendar. Whtm the parties settle within forty-eigbt hours of trial or the filing of a dispositive modon, the)' m1!Il notify the Court immediately of sueh SCUlement, and fax to the Court DO less than thirty~six hours prior to tbeir planDec:l appearance an Order of Discontinuance (copy attaeheci). signed by all parties. 11. The parties' signatures below represent thoit understanding aDd ~ that this schedule is final and binding upon them unless the Court concludes that extraordinary cin;umstances warrant an oxtcnsion with respect to one or more than one of tile scheduled date8. C;c4lli~ For Plaintiff For Defendant SO ORDERED. DATED: II York Rev. 4/1111

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