UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X ----------------------------------------------------------------------: : : Plaintiff(s), : -v: : : Defendant(s). : : ---------------------------------------------------------------------- X LORNA G. SCHOFIELD, United States District Judge: __ Civ. _____ (LGS) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER This Civil Case Management 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. 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.] The parties [have ______ / have not ______] conferred pursuant to Fed. R. Civ. P. 26(f). This case is governed by one of the following sets of rules and the parties' proposed dates in this order have been adjusted accordingly. a. An employment case governed by the Initial Discovery Protocols for Employment cases? http://www.nysd.uscourts.gov/cases/show.php?db=judge_info&id=713. [Yes ______ / No ______] A § 1983 case governed by the Plan for Certain § 1983 Cases Against the City of New York? http://www.nysd.uscourts.gov/rules/1983%20Revised%20Plan%20and%20Exhibi ts.11.22.2013.pdf. [Yes ______ / No ______] A patent case subject to the Local Patent Rules? http://www.nysd.uscourts.gov/rules/Standing_Order_In_re_Local_Patent_Rules.p df. [Yes ______ / No ______] 2. 3. b. d. 4. Alternative Dispute Resolution/Settlement a. Settlement discussions [have ______ / have not ______] taken place. Revised July 31, 2014 American LegalNet, Inc. www.FormsWorkFlow.com b. Counsel for the parties have discussed an informal exchange of information in aid of early settlement and have agreed to exchange the following: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Counsel for the parties have discussed the use of the following alternate dispute resolution mechanisms for use in this case: (i) a settlement conference before a Magistrate Judge; (ii) participation in the District's Mediation Program; and (iii) retention of a private mediator. Counsel for the parties propose the following alternate dispute resolution mechanism for this case: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Counsel for the parties recommend that the alternate dispute resolution mechanism designated in paragraph 4(b) be employed at the following point in the case (e.g., within the next 60 days; after the deposition of plaintiff is completed (specify date); after the close of fact discovery): __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ The use of any alternative dispute resolution mechanism does not stay or modify any date in this Order. c. d. e. 5. 6. 7. No additional parties may be joined after __________ without leave of Court. Amended pleadings may be filed without leave of Court until ______________. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later than __________ days from the date of this Order. [Within 14 days of the parties' Rule 26(f) conference, absent exceptional circumstances.] Fact Discovery a. All fact discovery shall be completed no later than ______________________. [A period not to exceed 120 days, unless the Court finds that the case presents unique complexities or other exceptional circumstances.] Initial requests for production of documents pursuant to Fed. R. Civ. P. 34 shall be served by ______________________. Interrogatories pursuant to Fed. R. Civ. P. 33 shall be served by ______________________. 8. b. c. 2 American LegalNet, Inc. www.FormsWorkFlow.com d. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by ______________________. Requests to admit pursuant to Fed. R. Civ. P. 36 shall be served by ______________________. Any of the deadlines in paragraphs 8(b) through 8(e) may be extended by the written consent of all parties without application to the Court, provided that all fact discovery is completed by the date set forth in paragraph 8(a). e. f. 9. Expert Discovery [if applicable] a. Anticipated types of experts if any: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ All expert discovery shall be completed no later than ______________________. [Within 45 days from the date in paragraph 8(a), i.e., the completion of all fact discovery, absent exceptional circumstances.] Omit unless types of experts are identified. By _________ [no later than one month before the date in paragraph 8(a), i.e., the completion of all fact discovery] the parties shall meet and confer on a schedule for expert disclosures, including reports, production of underlying documents and depositions, provided that (i) expert report(s) of the party with the burden of proof shall be due before those of the opposing party's expert(s); and (ii) all expert discovery shall be completed by the date set forth in paragraph 9(a). b. c. 10. 11. This case [is ______ / is not ______] to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is ______________________. 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. __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 12. 3 American LegalNet, Inc. www.FormsWorkFlow.com 13. Status Letters and Conferences a. By ___________ [60 days after the commencement of fact discovery], the parties shall submit a status letter, as outlined in Individual Rule IV.A.2. By ______________ [14 days