UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF NEW YORK

POUGHKEEPSIE DIVISION

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| \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\ | : | Case No.:                  |
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|                                       | : | Adv. Proc. No.:            |
| In re:                                |   |                            |
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| Debtor(s).                            |   |                            |
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| Plaintiff(s)                          | : |                            |
|                                       |   |                            |
| -Against-                             | : |                            |
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| Defendant(s).                         | : |                            |
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SCHEDULING ORDER

A pre-trial conference was held before the Honorable Cecelia G. Morris
in the above-captioned adversary proceeding on **\[date\]**. The parties
have agreed and the Court has determined that the following schedule
shall govern the events leading up to and including the final pre-trial
conference in the matter regarding **\[state matter concerning\]**:

**[Discovery]{.underline}:** The parties will develop a discovery plan
so that all forms of discovery ([i.e.]{.underline} document exchange,
depositions and interrogatories) will be completed on or before **\[12
weeks before final pre-trial conference\]**. Pursuant to Bankruptcy
Rules 7026 and 9014, parties are also required to provide the initial
disclosures as required by Federal Rule of Civil Procedure 26(a)(1).
Pursuant to Local Bankruptcy Rule ("LBR") 7007-1(b), motions related to
discovery disputes may not be brought until the parties have requested
from chambers an informal discovery conference. An informal discovery
conference may be requested by letter~~,~~ on notice to the parties to
this scheduling order or as otherwise required by the Bankruptcy Code
and Federal Rules of Bankruptcy Procedure. The letter requesting an
informal discovery conference should state the nature of the request and
provide five (5) days for a response. Faxes to chambers are not
acceptable.

**[Pre-Motion Conference]{.underline}:** A party seeking to move for
summary judgment must first request a pre-motion conference. The date
and time of the pre-motion conference must be obtained from chambers.
Notice of the date and time of the pre-motion conference may take the
form of a letter setting forth the issues in general terms and must be
served upon all parties bound by this scheduling order or as otherwise
required in the Bankruptcy Code and Federal Rules of Bankruptcy
Procedure. A pre-motion conference must be scheduled no later than **\[8
weeks before final pre-trial\]**.

**[Summary Judgment Motions]{.underline}:** Summary Judgment motions or
other dispositive motions must be brought and briefing concluded no
later than **\[6 weeks before final pre-trial conference\]**. Compliance
with S.D.N.Y. LBR 7056-1 is mandatory and shall include a joint
statement of undisputed facts. Oral argument on the motion will be heard
three weeks later with any opposition to the motion filed by no later
than 10 days before oral argument. No reply briefs or affidavits will be
permitted.

**[Joint Pre-trial Order]{.underline}:** The scope and manner in which
the trial will be conducted (including, but not limited to, the issues
to be determined at trial, the facts in dispute, the documents to be
presented as evidence, and the names of witnesses who will testify) is
controlled by the joint pre-trial order. Any disputes relating to the
final joint pre-trial order must be brought to the attention of chambers
at least one week before the final pre-trial conference. The parties
must submit a proposed joint pre-trial order (sample provided by
chambers) at least 3 days before the final pre-trial conference.

**[Final Pre-trial Conference]{.underline}:** The final pre-trial
conference will be held on **\[date** **to be determined by the judge at
initial pre-trial conference\]**. Any (1) disputes relating to the final
joint pre-trial order or (2) motions *in limine* must be fully briefed
and will be argued at the final pre-trial conference. Attorneys, [all
witnesses who are necessary to resolve disputes regarding the
admissibility of proposed exhibits, and clients with settlement
authority must be present at the final pre-trial
conference.]{.underline}

**[Trial]{.underline}:** The trial will commence on a date set at the
final pre-trial conference and will continue as scheduled thereafter, if
necessary. The parties shall be prepared for trial at the time of the
final pre-trial conference and should expect the trial to be scheduled
no later than one week after the final pre-trial conference. The
deadlines set out herein cannot be changed unless so directed by the
Court. Parties should not wait for deadlines to expire before seeking an
amended scheduling order. If any questions should arise or another
pretrial conference is necessary prior to the final pre-trial
conference, notify chambers at once. Modifications to the Scheduling
Order may be made only upon a showing of good cause with joint
application to the Court, or a party may request an informal status
conference.

**[Mediation]{.underline}:** Prior to the final pre-trial conference,
the Court may schedule such additional pre-trial conferences as it
determines appropriate. In addition, the Court has the authority to
order mediation. At each pre-trial conference, including the final
pre-trial conference, the parties must be prepared to address whether
the case could benefit from mediation and whether counsel have discussed
with their clients the settlement method of mediation and the responses
to the following statements. In assessing the benefits of mediation,
counsel should consider:

> 1\) the client's goals in bringing or defending the action;
>
> 2\) whether settlement discussions have occurred and, if so, why they
> have not produced an agreement;
>
> 3\) the point during the litigation when mediation would be most
> appropriate, with consideration given to:
>
> a\) whether mediation should take place after the informal exchange or
> production through discovery of specific items of information; and
>
> b\) whether mediation should take place before or after the judicial
> resolution of key legal issues; and

4\) whether cost savings or any other practical advantages would flow
from a stay of discovery or of other pre-trial proceedings while
mediation is pending.

Failure to comply with this Order may result in sanctions being imposed.

Stipulated and Agreed as to form and substance:

Dated:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Attorney for Plaintiff

Dated:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Attorney for Defendant

Dated:

Poughkeepsie, New York

**HONORABLE CECELIA G. MORRIS**

United States Bankruptcy Judge