UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------X : : : Plaintiff(s), : -v: : : Defendant(s). : : : ------------------------------------------------------------------------X __ Civ. _____ (AJN) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). 1. All parties [consent ______ / do not consent ______] to conducting all further proceedings before a United States 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 need not be completed.] 2. Settlement discussions [have ______ / have not ______] taken place. 3. The parties [have ______ / have not ______] conferred pursuant to Fed. R. Civ. P. 26(f). 4. [For F.L.S.A. actions only] The plaintiff(s) [do_____ / do not______] anticipate moving for conditional certification of this case as a collective action. The defendant(s) [will_____ / will not______] stipulate to conditional certification. [If defendant(s) will not stipulate to conditional certification:] Proposed briefing schedule: Opening: Opposition: Reply: __________________ __________________ __________________ [Opening brief to be filed no later than 30 days from the date of the initial pretrial conference; full briefing to be completed within 30 days of the opening brief] 1 American LegalNet, Inc. www.FormsWorkFlow.com 5. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within ______ days from the date of this Order. [Absent exceptional circumstances, choose a date not more than thirty (30) days following the initial pretrial conference.] 6. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than ______ days from the date of this Order. [Absent exceptional circumstances, a date not more than fourteen (14) days following the initial pretrial conference.] 7. All fact discovery is to be completed no later than _____________. [A date not more than 120 days following the initial pretrial conference, unless the Court finds that the case presents unique complexities or other exceptional circumstances.] 8. The parties are to conduct discovery in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of New York. The following interim deadlines may be extended by the parties on consent without application to the Court, provided that the parties meet the deadline for completing fact discovery set forth in ¶ 7 above. a. Initial requests for production of documents shall be served by ______________________. Interrogatories shall be served by ______________________. Depositions shall be completed by _______________________. Requests to admit shall be served by ______________________. b. c. d. 9. All expert discovery, including disclosure of expert reports, production of underlying documents, and depositions shall be completed by ______________. [Absent exceptional circumstances, a date forty-five (45) days from the completion of fact discovery]. 10. All motions and applications shall be governed by the Court's Individual Rules. 11. All counsel must meet in person for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery. 2 American LegalNet, Inc. www.FormsWorkFlow.com 12. Counsel for the parties propose the following alternative dispute resolution mechanism(s) for this case: a. _____ Referral to a Magistrate Judge for a settlement conference. b. _____ Referral to the Southern District's Mediation Program. c. _____ Retention of a private mediator. The parties seek the above-noted referral [now _____ / at a later date _____ ]. Unless otherwise ordered by the Court, settlement discussions do not stay or modify any date in this Order. [If the parties seek the above-noted referral at a later date:] Counsel for the parties will submit a letter by __________________ seeking the referral. 13. Summary Judgment and Daubert motions are to be filed within 30 days of the close of all discovery. Absent good cause, the Court will not ordinarily have summary judgment practice in a non-jury case. 14. Unless otherwise ordered by the Court, within forty (40) days of the close of all discovery, or, if a dispositive motion has been filed, within fourteen (14) days of a decision on such motion, the parties file via ECF a Joint Pretrial Report prepared in accordance with the Court's Individual Practices and Fed. R. Civ. P. 26(a)(3). Any motions in limine shall be filed via ECF at the same time that the a Joint Pretrial Report is filed. If this action is to be tried before a jury, proposed voir dire, jury instructions, and a verdict form shall also be filed at the same time as the Joint Pretrial Report. 15. The parties shall be ready for trial within two weeks of filing the Joint Pretrial Report. 16. This case [is ______ / is not ______] to be tried to a jury. 17. Other issues to be addressed at the Initial Pretrial Conference, including those set forth in Fed. R. Civ. P. 26(f)(3), are set forth below. __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 3 American LegalNet, Inc. www.FormsWorkFlow.com Counsel for the Parties: _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ Except for the dates contained in ¶ 8 above, this Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein shall be made in a written application in accordance with Court's Individual Rules and shall be made no fewer than two (2) business days prior to the expiration of the date sought to be extended. Absent exceptional circumstances, extensions will not be granted after deadlines have already passed. Ongoing settlement discussions do not extend any date herein unless expr