UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

______________________________________

:

PROMETHEUS LABORATORIES INC., :

:

Plaintiff(s) :

:

v. : Civil Action No. 11-230(FSH)

:

ROXANE LABORATORIES, INC. :

:

: SCHEDULING ORDER

Defendant(s) :

_____________________________________ :

This matter having come before the Court on its review of the docket; and it appearing that a conference

 under Fed. R. Civ. P. 16 should be convened;

IT IS THEREFORE ON THIS 5 day of May, 2011, th

ORDERED THAT:

(1) A scheduling conference shall be conducted before the Undersigned at 11:30 A.M. on

June 3, 2011, in Courtroom 4A, US District Court, 50 Walnut Street, Newark, N.J. See Local Civil

Rule 16.1(a)(1);

(2) At the conference, all parties who are not appearing pro se must be represented by counsel

who is fully familiar with the case and has full authority to bind their clients in all pretrial matters. Because

the Court will likely discuss the facts, claims, defenses, settlement and an individualized schedule for

pretrial proceedings, counsel with knowledge of these topics and who have authority to bind the client and

has settlement authority are required to appear at the conference. Clients or persons with authority over the

matter shall be available by telephone. Local Civil Rule 16.1(a)(3);

(3) Early disclosure requirements of Fed. R. Civ. P. 26 will be enforced. Therefore, the parties

shall immediately exchange the information described in Fed. R. Civ. P. 26(a)(1)(A)-(D) without awaiting a

Case 2:11-cv-00230-FSH -PS Document 13 Filed 05/05/11 Page 1 of 8 PageID: 54
discovery request;

(4) At least fourteen (14) days before the conference scheduled herein, the parties shall confer

pursuant to Fed. R. Civ. P. 26(f) and shall submit a discovery plan to the Undersigned not later than 72

hours before the conference with the Court. THE DISCOVERY PLAN SHALL BE IN THE FORM OF

THE ATTACHED AND SHALL BE SUBMITTED JOINTLY; 

(5) The parties are directed to Local Civil Rule 26.1(d), which addresses “discovery of digital 

information including computer-based information,” describes the obligations of counsel with regard to

their clients’ information management systems, and directs parties to “confer and attempt to agree on

computer-based and other digital discovery matters.”;

(6) No formal discovery demands may issue before the conference with the Court. Unless the

parties stipulate otherwise or leave of Court is obtained, the case management order will limit the number

of interrogatories, including subparts, to 25 and depositions that each party may seek to 10. See Fed. R.

Civ. P. 26(b), 26(d);

(7) Other than motions to dismiss pursuant to Fed. R. Civ. P. 12, no motions may be filed

without prior leave of the Court. If any motions have already been filed, the parties shall immediately

advise the Court in writing regarding the nature of the motions and the present status of same;

(8) Plaintiff(s) shall notify any party who hereafter enters an appearance of the conference

scheduled herein and forward to that party a copy of this Order;

(9) The Court has implemented an electronic case filing system for all documents filed

with

the Clerk of Court. Electronic case filing is mandatory for all cases except those involving a pro se

litigant. 

(10) To register as an electronic filer, obtain on-line training, and see policies and

procedures, contact the Clerk’s Office or visit the website at pacer.njd.uscourts.gov. On-site training

is also available and can be arranged by contacting 973-645-4439. Orders are electronically filed and

paper copies will be provided to pro se litigants only. Registered counsel will be notified via email

Case 2:11-cv-00230-FSH -PS Document 13 Filed 05/05/11 Page 2 of 8 PageID: 55
when an order is filed but are responsible for retrieving and reviewing the Order itself;

(11) The parties shall advise the Undersigned immediately if this action has been settled or

terminated so that the above conference may be cancelled;

(12) Absent permission from Chambers, communications to the Court by facsimile is not

permitted; 

(13) All communications to the Court shall be in writing or by telephone conference.

(14) Failure to comply with the terms hereof may result in the imposition of sanctions;

s/Patty Shwartz 

UNITED STATES MAGISTRATE JUDGE

Case 2:11-cv-00230-FSH -PS Document 13 Filed 05/05/11 Page 3 of 8 PageID: 56
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

: Civil Action No.

Plaintiff(s), : 

v. : 

:

Defendant(s). : JOINT DISCOVERY PLAN

1. For each party, set forth the name of the party, attorney appearing, the firm name, address, e-mail

address, telephone number and facsimile number.

2. (a) Set forth a brief description of the case, including the facts, causes of action and affirmative

defenses asserted.

(b) Is this a fee-shifting case?

Yes No

If so, set forth legal authority.

3. Has this action, in whole or in part, been: Settled_______ Discontinued______

If yes, has there been a Stipulation/Dismissal filed?

Case 2:11-cv-00230-FSH -PS Document 13 Filed 05/05/11 Page 4 of 8 PageID: 57
Yes _____ No _____

4. Have settlement discussions taken place? Yes _____ No _____

If so, when?

(a) What was plaintiff’s last demand?

(1) Monetary demand: $

(2) Non-monetary demand: 

(b) What was defendant's last offer?

(1) Monetary offer: $

(2) Non-monetary offer:

5. Core discovery needed to be able to discuss settlement in a meaningful way:

6. The parties [have _____ -have not _____] exchanged the information required by Fed. R.Civ. P.

26(a)(1). If not, state the reason.

7. Explain any problems in connection with completing the disclosures required by Fed. R.Civ. P.

26(a)(1).

8. The parties [have _____ -have not _____] conducted discovery other than the above disclosures. If

yes, describe.

9. The parties [have _____ -have not _____] met pursuant to Fed. R. Civ. P. 26(f).

(a) If not, state the reason therefor.

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(b) If so, state the date of the meeting and the persons in attendance.

(c) If this is not a joint plan, set forth the reason.

10. (a) Discovery is needed on the following subjects:

(b) Discovery [should _____ -should not _____] be conducted in phases or be limited to

particular issues. If phased discovery is proposed, set forth the reason.

(c) Maximum of _____ interrogatories by each party to each other party.

(d) Deadline to serve interrogatories and document demands _____________.

(e) Maximum of _____ depositions to be taken by each party.

(f) Motions to amend or to add parties to be filed by .

(g) Fact discovery to be completed by __________________.

(h) Affirmative expert report (if needed) due on .

(i) Responsive expert report (if needed) due on .

(j) Expert depositions to be completed by . (If there is a need for a liability

expert and it is necessary to defer the completion of expert discovery beyond the fact

discovery deadline, set forth the reason.)

(k) Dispositive motions to be served within __________ days of completion of discovery.

(l) The settlement conference may take place on _____________.

(m) The final conference may take place on .

11. Do you anticipate any discovery issues, challenges or problems? Yes ____ No ____

If yes, explain.

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12. Do you anticipate any special discovery needs (i.e., videotape/telephone depositions; foreign

evidence collection; problems with out-of-state witnesses or documents, etc.)? Yes _____ No

_____

If yes, explain.

13. Set forth any special discovery mechanism or procedure requested, including data preservation

orders or discovery confidentiality orders: ___________________________________

_____________________________________________________________________.

14. a. Do you anticipate any issues about discovery of electronically stored information, including form

of production? Yes ______ No_______ If yes, explain._____________________

______________________________________________________________________________

______________________________________________________________________________

b. Describe how electronic discovery will be produced and set forth agreements the parties have

reached about the production of such discovery, including forms of production, cost sharing (if

any), software arrangements, etc. __________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

15. State whether this case is appropriate for voluntary arbitration (pursuant to Local Civil Rule 201.1

or otherwise), mediation (pursuant to Local Civil Rule 301.1 or otherwise), appointment of a special

master or other special procedure. If not presently appropriate, explain why and state whether any

such procedure may be appropriate at a later time (i.e., after exchange of pretrial disclosures, after

completion of depositions, after disposition or dispositive motions, etc.).

16. Is this trial appropriate for bifurcation? Yes ____ No ____

17. We [do _____ do not _____] consent to the trial being conducted by a Magistrate Judge.

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_____________________________________

Attorneys for Plaintiff(s) Date

____________________________________

Attorneys for Defendant(s) Date

ALTERNATIVE DISPUTE RESOLUTION

IN THE

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Mediation is the Alternative Dispute Resolution ( “ADR”) program in this Court.

Mediation is governed by Local Civil Rule 301.1. The mediation program under this rule is

supervised by a judicial officer (at present United States Magistrate Judge Madeline Cox Arleo) who

is available to answer any questions about the program. 

Any district judge or magistrate judge may refer a civil action to mediation. This may

be done without the consent of the parties. However, the Court encourages parties to confer among

themselves and consent to mediation. Moreover, you are reminded that, when counsel confer

pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 26.1, one of the

topics that must be addressed is the eligibility of a civil action for participation in ADR.

A civil action may be referred to mediation at any time. However, one of the

advantages of mediation is that, if successful, it enables parties to avoid the time and expense of

discovery and trial. Accordingly, the Court encourages parties to consent to mediation prior to or at

the time that automatic disclosures are made pursuant to Rule 26(a)(1) of the Federal Rules of Civil

Procedure.

If parties consent to mediation, they may choose a mediator either from the list of

certified mediators maintained by the Court or by the selection of a private mediator. If a civil action

is referred to mediation without consent of the parties, the judicial officer responsible for supervision

of the program will select the mediator.

Mediation is non-judgmental. The role of the mediator is to assist the parties in

reaching a resolution of their dispute. The parties may confer with the mediator on an ex parte basis. 

Anything said to the mediator will be deemed to be confidential and will not be revealed to another

party or to others without the party’s consent. The mediator’s hourly rate is $300.00, which is borne

equally by the parties.

If you would like further information with regard to the mediation program please

review the Guidelines for Mediation, which are available on the Court’s Web Site

www.njd.uscourts.gov and appear as Appendix Q to the Local Civil Rules. You may also make

inquiries of the judicial officer responsible for supervision of the program.

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