1 USDS SDNY I 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

Plaintiff(s), 

03 Civ. (PKC) 

- against - 

CIVIL CASE MANAGEMENT PLAN 

N a& pass. R - Gff. AND SCHEDULING ORDER 

Defendan (s). 

This Civil Case Management Plan, submitted in accordance with Rule 26(f), Fed. R. Civ. P., is 

adopted as the Scheduling Order of this Court in accordance with Rule 16(f), Fed. R. Civ. P. 

1. All parties (consent) to conducting all further proceedings before a Magistrate 

Judge, including 5 636(c). [Circle one.] [If all consent, the remaining 

paragraphs need not be completed.] 

2. This case @ (is not) to be tried to a jury. [Circle one.] 

3. Amendedpleadings may not be filed and additional parties may not be joined except with leave ofthe 

Court. Any motion to amend or to join additional parties shall be filed within days from the date 

of this order. [Absent exceptional circumstance^, thirty (30) days.] 

4. Initial disclosure pursuant to Rules 26(a)(l), Fed. R. Civ. P., shall be completed not later than 

1% days from the date of this Order. [Absent exceptional circumstances, fourteen (14) days.] 

5. All fact discovely shall be completed no later than 

1 7/3oh3. 

[ lug . [A period not to 

exceed 120 days, unless the Court finds that the case presents unique complexities or other 

exceptional circumstances.] 

6. The parties are to conduct discovely in accordance with the Federal Rules of Civil Procedure and the 

Local Rules of the Southern District ofNew York. The following interim deadlines may be extended 

by the written consent of all parties without application to the Court, provided all fact discovely is 

completed by the date set forth in paragraph 5 above: 

a Initial requests for production of documents to be served by 'L> A : . (p 127 107 

I J I 

b. Interrogatories to be served by &k&d Ly A ; 6 ( 29 

c. Depositions to be completed by \-- 

Case 1:07-cv-03424-PKC Document 7 Filed 06/18/2007 Page 1 of 3
d. Requests to Admit to be served no later than (0 /I I 1o-t 

7. a. All discovery shall be completed no later than m. I/// 51"7 

[Absent exceptional circumstances, a date forty-five (45) days from the date in paragraph 5, 

the completion of all fact discovery.] 

b. No later than thirty (30) days Drier the date in paragraph 5, 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) plaintiqs)' 

expert report(s) shall be due before those of defendant(s)' expert(s); and (ii) all expert 

discovery shall be completed by the date set forth in paragraph 7(a). 

8. All motions and applications shall be governed by the Court's Individual Practices, including premotion conference requirements. Pursuant to the authority of Rule 16(b)(2), Fed. R. Civ. p., a motion 

for summary judgment will be deemed untimely unless a request for a pre-motion conference relating 

thereto is made in writing within fourteen (14) days of the close of fact discovery (see paragraph 5 

hereof). 

9. All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) 

days following the close of fact discovery. 

10. a. Counsel for the parties have discussed an informal exchange of information in aid of an early 

settlement of this case and have agreed upon the following: 

b. 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; andlor (iii) retention of a privately retained 

mediator. Counsel for the e following alternate dispute resolution 

mechanism for this case: urfl\\) &'OW. . .- 

c. Counsel for the parties recommend that the alternate dispute resolution mechanism designated 

in paragraph b, be employed at the following point in the case (a. within the next sixty days; 

after the deposition of plaintiff is completed (specify date); after the close of fact discovery) 

d. The use of any alternative dispute resolution mechanism does not stay or modify any date in 

this Order. 

11. The Final F'rehal Submission Date is thirty (30) days following the close of fact and expert discovery 

(whichever is later). By the Final Pretrial Submission Date, the parties shall submit a Joint Pretrial 

Case 1:07-cv-03424-PKC Document 7 Filed 06/18/2007 Page 2 of 3
Order prepared in accordance with the undersigned's Individual Practices and Rule 26(a)(3), Fed. R. 

Civ. P. Any motions in limine (for which the premotion conference requirement is waived) shall be 

filed by the Final Pretrial Submission Date. If this action is to be tried before a jury, proposed voir 

dire, jury instructions and verdict form shall also be filed by the Final Pretrial Submission Date. 

Counsel are required to meet and confer on a joint submission of proposed jury instructions and 

verdict form, noting any points of disagreement in the submission. Jury instructions may not be 

submitted after the Final Pretrial Submission Date, unless they meet the standard ofRule 51(a)(2)(A), 

Fed. R. Civ. P. If this action is to be tried to the Court, proposed findings of fact and conclusions of 

law should be submitted by the Final Pretrial Submission Date. 

12. - Counsel for the parties have conferred and their present best estimate of the length of trial is: 

13. [Other directions to the parties] kt 

TO BE COMPLETED BY THE COURT: 

14. The (next Case Management) (-enc) is scheduled for @&&&//* 

This ORDER may not be modified or the dates herein extended, except by further Order ofthis 

Court for good cause shown. Any application to modify or extend shall be made in a written application in 

accordance with paragraph 1 (E) of the Court's Individual Practices and shall be made no less than five (5) 

days prior to the expiration of the date sought to be extended. 

v // P. Kevin Caste1 

United States District Judge 

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