HARTMAN & CRAVEN LLP 

Peter G. Goodman (PG 4210) 

488 Madison Avenue, 16th Floor 

New York, New York 10022 

(212) 753-7500 

Attorneys for Plaintiff 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

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NATIONAL UTILITY SERVICE, INC., 

 Plaintiff, 

 -againstTIFFANY & CO. and TIFFANY AND 

COMPANY, 

 Defendant. 

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Case No.: 07 CV 3345 (RJS) 

PROPOSED CASE 

MANAGEMENT PLAN AND 

SCHEDULING ORDER 

 ECF 

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RICHARD J. SULLIVAN, District Judge: 

 At the conference before the Court held on ________________, this Case 

Management Plan and Scheduling Order was adopted in accordance with Rules 16-26(f) of the 

Federal Rules of Civil Procedure. 

1. All parties do not consent to trial by Magistrate Judge, pursuant to 28 U.S.C. § 

636(c). 

2. This case is to be tried to a jury. 

Case 1:07-cv-03345-RJS Document 11 Filed 10/30/2007 Page 1 of 3
3. No additional parties may be joined except with leave of the Court. 

4. Amended pleadings may not be filed except with leave of the Court. 

5. Initial disclosures pursuant to Rule 26(a)(1) will be completed not later than 

November 1, 2007. 

6. All fact discovery is to be completed no later than March 14, 2008. 

7. 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 the parties meet the fact discovery completion date in paragraph 6 

above: 

a. Initial request for production of documents to be served by November 1, 2007. 

b. Interrogatories to be served by December 3, 2007. 

c. Depositions to be completed by March 14, 2008. 

i. Unless the parties agree or the Court so orders, depositions are not to 

be held until all parties have responded to initial requests for document 

production. 

ii. There is no priority in deposition by reason of a party’s status as 

plaintiff or defendant. 

iii. Unless the parties agree or the Court so orders, non-party depositions 

shall follow initial party depositions. 

d. Requests to Admit to be served no later than March 14, 2008. 

8. All expert disclosures, including reports, production of underlying documents and 

depositions are to be completed by: 

a. Expert(s) of Plaintiff(s) June 16, 2008. 

b. Expert(s) of Defendant(s) June 16, 2008. 

9. Motions: All motions and applications shall be governed by the Court’s Individual 

Practices, including pre-motion conference requirements. Summary Judgment or 

other dispositive motions are due at the close of discovery. Pursuant to the 

undersigned’s Individual Practices, the parties shall request a pre-motion conference 

in writing at least four (4) weeks prior to this deadline. 

10. All counsel must meet for at least one hour to discuss settlement not later than two 

weeks following the close of fact discovery. 

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11. a. Counsel for the parties have discussed holding a settlement conference before a 

 Magistrate Judge. 

b. The parties request a settlement conference before a Magistrate Judge. 

 12. a. Counsel for the parties have discussed the use of the Court’s Mediation Program. 

b. The parties do not request that the case be referred to the Court’s Mediation 

Program. 

 13. a. Counsel for the parties have discussed the use of a privately-retained mediator. 

 b. The parties do not intend to use a privately-retained mediator. 

14. The Parties shall submit a Joint Pretrial Order prepared in accordance with the 

undersigned’s Individual Practice Rule 3 and Rule 26(a)(3). If this action is to be 

tried before a jury, proposed voir dire, jury instructions and a verdict form shall be 

filed with the Joint Pretrial Order. Counsel are required to meet and confer on jury 

instructions and verdict form in an effort to make an agreed upon submission. 

15. Parties have conferred and their present best estimate of the length of trial is 6 days. 

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TO BE COMPLETED BY THE COURT: 

16. [Other directions to the parties:] 

17. The (next Case Management)(Final Pretrial Conference) is scheduled for 

______________. 

SO ORDERED. 

DATED: New York, New York 

 ________________, 2007 

 ___________________________ 

 RICHARD J. SULLIVAN 

 UNITED STATES DISTRICT JUDGE 

Case 1:07-cv-03345-RJS Document 11 Filed 10/30/2007 Page 3 of 3