UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

--------------------------------------------------------------X

:

CARL FRANZONE, :

: 07 CV 3342 (AKH)

Plaintiff, :

:

-against- :CIVIL CASE MANAGEMENT PLAN

:

CON EDISON, :

:

Defendant. :

:

--------------------------------------------------------------X

After consultation with counsel for the parties, the following Case Management Plan

is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal

Rules of Civil Procedure.

A. The case (is) (is not) to be tried to a jury. [Circle as appropriate].

B. Non-Expert Discovery:

1. 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. All non-expert discovery is to be completed by December 28, 2007,

which date shall not be adjourned except upon a showing of good cause

and further order of the Court. Interim deadlines for specific discovery

activities may be extended by the parties on consent without application to

the Court, provided the parties are certain that they can still meet the

discovery completion date ordered by the Court.

a. The parties shall list the contemplated discovery activities and

anticipated completion dates in Attachment A, annexed hereto.

2. Joinder of additional parties must be accomplished by September 28,

2007.

3. Amended pleadings may be filed without leave of the Court until

September 28, 2007.

C. For all causes of action seeking monetary damages, each party shall identify

and quantify in Attachment B, annexed hereto, each component of damages

Case 1:07-cv-03342-AKH Document 6 Filed 07/27/2007 Page 1 of 5
alleged; or, if not known, specify and indicate by what date Attachment B

shall be filed providing such information.

D. Motions, Settlements, Second Pre-Trial Conference, and expert Discovery:

1. Upon the conclusion of non-expert discovery, and no later than the date

provided below, the parties may file dispositive motions. The parties shall

agree to a schedule, and promptly submit same for the Court’s approval,

providing for no more than three rounds of serving and filing papers:

supporting affidavits and briefs, opposing affidavits and briefs, and reply

affidavits and briefs. The last day for filing dispositive motions shall be

January 30, 2008. (Counsel shall insert a date 30 days after the

completion date for non-expert discovery).

a. There shall be no cross-motions. Any motions not made by the

agreed date shall, unless the court orders otherwise, not be

considered until after the timely-filed motion is determined.

b. Papers served and filed by the parties shall conform to the

requirements set out in the Court’s Individual Rules.

2. Either before or after the motion schedule set out above, counsel for the

parties shall meet for at least two hours at the office of plaintiff’s counsel,

to discuss settlement. The date for the meeting is December 7, 2007, at

10:00 a.m. (Counsel shall insert a date but, at the option of either, the date

may be canceled upon the service or filing of a dispositive motion and

notice to the court.)

3. Approximately one week thereafter, the parties shall meet with the Court

for a Second Case Management Conference to discuss the status of the

case, the status and prospects of settlement and whether alternative

disputes-resolution procedures should be utilized, the need for and a

schedule regulating experts and expert-discovery, a discovery bar date,

and any other issue counsel or the Court wish to discuss. The Case

Management Conference will be held on _______________, at

_____________ .m. (The Court will set this date at the Initial Case

Management Conference.)

E. Any request for relief from any date provided in this Case Management Plan

shall conform to the Court’s Individual Rules, and include an order, showing

consents and disagreements of all counsel, setting out all dates that are likely

to be affected by the granting of the relief requested, and proposed modified

dates. Unless and until the Court approves the proposed order, the dates

provided in this Plan shall be binding.

Case 1:07-cv-03342-AKH Document 6 Filed 07/27/2007 Page 2 of 5
F. A final pre-trial conference will be held on a date to be set, as close as

possible to the date that trial is expected to begin. The parties, three days

before said meeting, shall submit their pre-trial order, conforming to the

Court’s Individual Rules and, at the conference, deliver their exhibit books

containing all exhibits the parties actually intend to offer at the trial.

G Pre-Trial Motions:

Applications for adjournments and for discovery or procedural rulings will

reflect or contain the positions of all parties, as provided by the Court’s

Individual Rules, and are not to modify or delay the conduct of discovery or

the schedules provided in this Case Management Plan except upon leave of

the Court.

SO ORDERED.

Dated: New York, New York

__________________, 2007

____________________________

ALVIN K. HELLERSTEIN

United States District Judge

Case 1:07-cv-03342-AKH Document 6 Filed 07/27/2007 Page 3 of 5
ATTACHMENT A

The parties are to list the discovery activities (i.e., production of documents, number of

depositions, requests to admit, interrogatories) and anticipated completion dates:

DISCOVERY ACTIVITIES COMPLETION DATE

1. Rule 26 Disclosures Serve by 8/10/07

2. Production of Documents Serve by 8/24/07

Respond by 9/24/07

3. Interrogatories Serve by 8/24

Respond by 9/24

4. Depositions Completed by 11/16/07

5. Contention Interrogatories

1

and

Requests to Admit

Serve by 12/06/07

Respond by 1/06/08

6. Medical Authorizations Plaintiff to produce by 8/10/07

7.

8.

9.

10.

11.

1

Plaintiff objects to Defendant’s use of “Contention Interrogatories,” and will not consent to

its use after 8/24/07, on the basis of his belief that Defendant will have ample opportunity by

depositions and other discovery to obtain information sought by 12/6/07. Defendant believes

there is no basis in F.R.C.P. 33(c) to support plaintiff’s position.

Case 1:07-cv-03342-AKH Document 6 Filed 07/27/2007 Page 4 of 5
ATTACHMENT B

For all causes of action seeking monetary damages, each party shall identify and

quantify each component of damages alleges:

1. PLAINTIFF’S CLAIMS:

Plaintiff contends that defendant altered the terms, conditions, and privileges of his

employment on the basis of his recognized disability/impairment, Paruresis, and failed to

accommodate his recognized disability. This illegal conduct is ongoing in nature, and has

recently continued with retaliatory conduct.

2. COUNTERCLAIMS AND CROSS-CLAIMS:

3. THIRD-PARTY CLAIMS

278895

Case 1:07-cv-03342-AKH Document 6 Filed 07/27/2007 Page 5 of 5