UNITED STATES DISTRICT COURT

 DISTRICT OF NEW JERSEY

 

A.A. Action Collection Co, Inc. : CIVIL 11-CV-364 (SDW)

 :

 : ARB:[No] 

 Plaintiff, :

v. : ORDER FOR SCHEDULING 

 : CONFERENCE

 :

 : 

Richard Dweck, et al. :

 :

Defendants, :

---------------------------------------------------------

To: All Counsel

IT IS on this 7th Day of April, 2011;

ORDERED, pursuant to Fed. R. Civ. P. 16, that a scheduling conference be

held before the Honorable Esther Salas, on 5/2/2011 at 12:00 PM at the United States

Courthouse, Newark, New Jersey, and it is further

ORDERED THAT (1) Prior to the above conference, all counsel, including

individuals who are appearing on his/her own behalf (or “Pro Se”), confer to agree on a

joint discovery plan. SEE LOCAL CIVIL RULE 26.1(b); (2) Not later than seven (7) days

prior to the above conference, the joint discovery plan, and any disputes regarding it be

submitted to the undersigned. SEE LOCAL CIVIL RULE 26.1(b); This joint discovery

plan should NOT be electronically filed; (3) At the above conference, all parties who are not

appearing pro se be represented by counsel who shall have full authority to bind their

clients in all pretrial matters. SEE LOCAL CIVIL RULE 16.1(a); (4) Plaintiff(s) notify any

party who hereafter enters an appearance of the above conference and forward to that

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party a copy hereof; (5) The parties are to advise the Honorable Esther Salas immediately if

this action has been settled or terminated so that the above conference may be cancelled. 

Finally, counsel and litigants are advised that, pursuant to Fed. R. Civ. P. 26, 30 and

33 early disclosure requirements and limitations on depositions/interrogatories will be

enforced. Therefore, pursuant to the early disclosure requirements, counsel shall exchange

the following information without formal discovery requests:

(i) identities of individuals with knowledge of disputed facts;

(ii) documents and things in the possession of counsel or the parties

regarding the disputed issues;

(iii) insurance agreements in force; and

(iv) statement of the basis for any damages claimed;

and it is further

ORDERED that the meeting of parties required by Fed. R. Civ. P. 26(f) shall take

place fourteen (14) days prior to the date of the initial conference; and it is further

ORDERED that upon the entry of appearance of any new and/or additional counsel

subsequent to the date of this Order, plaintiff’s counsel shall send a copy of this Scheduling

Order to the newly appearing attorneys(s), but on any third party claim, the counsel for the

third party plaintiff shall send a copy of this Order to the newly entering counsel for third

party defendant(s); and it is further

ORDERED that all parties shall confer to agree and submit a JOINT DISCOVERY

PLAN to the Magistrate Judge not less than seven (7) days prior to the above-stated

conference date, as required by Local Civil Rule 26.1(b) of this Court. The conference date

should appear on the caption of the Joint Discovery Plan, which shall include at a minimum,

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the following items: (1) a brief factual statement of the claims or defenses in the action, as

well as a brief statement of the legal issues in the case; (2) a description of all discovery

conducted by the parties to date; (3) a description of all discovery problems encountered to

date, the efforts undertaken by the parties to remedy these problems, and the parties

suggested resolution of the problems; (4) a description of the parties further discovery

needs; (5) the parties estimate of the time needed to complete discovery; (6) a statement

regarding whether expert testimony will be necessary, and the parties anticipated schedule

for retention of experts and submission of their reports; (7) a statement regarding whether

there should be any limitation placed upon use of any discovery device and, if so, the

reasons the limitation is sought; (8) a description of any special discovery needs of the

parties (e.g., videotape, telephone depositions, or problems with out-of-state witnesses or

documents, or discovery of) digital information. (See, L. Civ. R. 26(d)).

Sanctions may be imposed pursuant to Fed. R. Civ. P. 16(f) if counsel or an

individual unrepresented by counsel either fails to appear at the conference or appears

unprepared. Each litigant attending the conference shall be fully familiar with the file, and

have full authority to bind their clients in all pretrial matters. 

 /s/ Esther Salas 

ESTHER SALAS

UNITED STATES MAGISTRATE JUDGE

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