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Proposed Pretrial Scheduling Order (Judge Baer) Form. This is a New York form and can be use in District Court Federal.
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Tags: Proposed Pretrial Scheduling Order (Judge Baer), New York Federal, District Court
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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Plaintiff(s),
_ _ Civ._ _ _ _ (HB)
-against-
PROPOSED PRETRIAL
SCHEDULING ORDER
Defendant(s).
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APPEARANCES:
Plaintiff(s) by:
Defendant(s) by:
HAROLD BAER, Jr., District Judge:
Do the parties consent to proceed before a United States Magistrate for all purposes,
pursuant to 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73?
Yes
No
Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, after holding an initial
pretrial conference on notice to all parties, it is hereby ordered that:
E}{cept under circumstances agreed to by the Court:
1. This case is added to the
Trailing Trial Calendar.
Jury _. Non-Jury _. Estimated number of trial days is _ _. Counsel should not make any other
commitments 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 pretrial conference
(e.g., 7 - 11 months) based on the comple}{ity 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 _ _ _ _,_ _.
New parties shall be bound by the deadlines included in this Pretrial Scheduling Order. If
new parties are joined, the party joining them shall forward 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 insurmountable problem, call Chambers.
3. No additional causes of action or defenses may be asserted after _ _ _: _ __
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4. Discovery: All discovery shall be commenced immediately, but for a statutory bar (e.g.
. Any delays
PSLRA) or further Order of the Court, and will be completed by
that threaten this timetable are to be brought immediately to the attention of the Court. As the
Court rarely grants extensions, any delays or disputes in the taking of discovery should be reported
to the Court immediately.
Where applicable, decisions with respect to disclosure and discovery of electronically stored
information, along with privilege issues related to that information, shall be provided to the Court
within 10 days following the signing of this Order by the Court.
5. Motions: The last day for fully-briefed motions (i.e., moving, opposition and reply
papers) to be in Chambers is
,_ _. Either party may request (and will be
given a date by Chambers) for oral argument. It is up to the parties, consistent with Federal and/or
Local Rules, to ensure that each has sufficient time to brief their motions by the deadline.
In choosing the last date to submit fully briefed motions juxtaposed with your agreed-to trial
month, keep in mind that the Court requires at least 60 days to decide dispositive motions.
6. Expert testimony: Disclosure of expert testimony, if any, will be made at least 45 days
before the first day of the agreed 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.
7. Joint Pretrial Order: A joint pretrial order may be requested when your trial date is set,
and will typically need to be submitted to Chambers from 10 days to 2 weeks prior to trial. See my
Individual Practices for details.
8. The law clerk assigned to this case is _ _ _ _ _ _
_____=_
9. Mediation: Upon request to Chambers 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 your Magistrate
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 accomplished in
direct proportion to how early in the litigation the mediation occurs. Any ADR procedure must
occur within the framework of this order.
10. SettlementIDiscontinuance: Whenever a case is resolved, the parties must submit an
Order of Discontinuance, signed by all parties, before the case will be removed from the trial
calendar. When the parties settle within forty-eight hours of trial or the filing of a dispositive
motion, they must notify the Court immediately of such settlement, and fax to the Court no less
than thirty-six hours prior to their planned appearance an Order of Discontinuance (copy attached),
signed by all parties.
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11. The parties' signatures below represent their understanding and agreement that this
schedule is final and binding upon them unless the Court concludes that extraordinary
circumstances warrant an extension with respect to one or more than one of the scheduled dates.
For Plaintiff
For Plaintiff
For Defendant
For Defendant
SO ORDERED.
DATED:
--------,
New York, New York
HAROLD BAER, JR.
United States District Judge
Rev. 411/11
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------)(
_ _ Civ. _
(HB)
- againstORDER OF
DISCONTINUANCE
--------------------------------------------------------------J{
Hon. HAROLD BAER, JR., District Judge:
This cause having duly come on to be heard before me and the attorneys for all parties
having advised the Court that all claims asserted herein are settled or are in the process of being
settled, it is hereby
ORDERED that the above entitled action be and hereby is discontinued with prejudice
and without costs to either party.
Should settlement not be finalized by
_ _ _ _ _ _ _ _ _ _ _ _,' any party may apply to have the action reopened, and it is
further
ORDERED that the Clerk of the Court is instructed to close any pending motions, close
this case and remove it from my docket.
SO ORDERED:
New York, New York
Dated:
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U.S.DJ.
I hereby consent to the entry of this proposed order:
Attorneys for Plaintiff
Attorneys for Defendant
Attorneys for Third-party
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