UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

Chambers of

Claire C. Cecchi

United States Magistrate Judge

Martin Luther King Jr, Federal Bldg.

& U.S. Courthouse

50 Walnut Street, Room 2064

Newark, NJ 07102

(973) 645-6664

May 17, 2011

To: All counsel of record

LETTER ORDER PURSUANT TO RULE 16.1

 RE: Virtual Studios, Inc. v. Couristan, Inc.

Civil Action No. 11-427 (JLL) 

Dear Counsel:

An in person initial scheduling conference shall be conducted before the Undersigned at

12:30 p.m. September 14, 2011.

Counsel are advised that the early disclosure requirements of Fed. R. Civ. P. 26 will be

enforced. Therefore, counsel shall immediatelyexchange the following information without a formal

discovery request:

- identities of individuals likely to have knowledge of discoverable facts;

- documents and things in the possession of counsel or the party;

- identities of experts and their opinions;

- insurance agreements in force; and

- statement of the basis for any damages claimed.

At least fourteen (14) days prior to the conference scheduled herein, counsel shall personally

meet and confer pursuant to Fed. R. Civ. P. 26(f), and shall submit a discovery plan to the

Undersigned not later than 72 hours prior to the conference with the Court. The discovery plan

shall include (1) a brief summary of the claims and defenses; and (2) a proposed schedule for

completing fact and expert discovery. The discovery plan may include a summary of the status of

settlement negotiations. (THE DISCOVERY PLAN SHALLBE IN THE FORM ATTACHED AND

SHALL BE SUBMITTED JOINTLY.)

At the conference, the Court will address scheduling of all motions. No motions shall be filed

Case 2:11-cv-00427-JLL -CCC Document 20 Filed 05/17/11 Page 1 of 6 PageID: 111
without prior leave of Court. If any motions have already been filed, please advise the Court

immediately, in writing, regarding the nature of the motion and its present status. You may submit

unopposed applications for pro hac vice admission with myChambers. Please obtain consent of your

adversary prior to filing your application, advising both in your cover letter and proposed Order that

you have consent. 

The parties shall immediately serve interrogatories, limited to twenty-five (25) single

questions, and requests for production of documents (no limit).

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

who shall have full authority to bind their clients in all pre-trial matters. Counsel shall also be

prepared to discuss the merits of the case and have settlement authority. Clients or persons with

authority over the matter shall be available by telephone. See L.Civ.R. 16.1(a).

Counsel for plaintiff(s) shall notifyanyparty, who hereafter enters an appearance, of the above

conference, and forward to that party a copy of this Order.

The parties must advise this Court immediately if this action has been settled or terminated

so that the above conference may be canceled.

Failure to comply with the terms herein may result in the imposition of sanctions.

SO ORDERED this 17th day of May, 2011. 

 s/ Claire C. Cecchi 

CLAIRE C. CECCHI

United States Magistrate Judge

Orig: Clerk

cc: Counsel of Record 

File

Case 2:11-cv-00427-JLL -CCC Document 20 Filed 05/17/11 Page 2 of 6 PageID: 112
UNITED STATES DISTRICT COURT

 DISTRICT OF NEW JERSEY

: Civil Action No.

Plaintiff(s), : Hon.

 v. : JOINT DISCOVERY PLAN

:

Defendant(s). :

1. Set forth a factual description of the case. Include the causes of action and affirmative

defenses asserted.

2. 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: __________

3. The parties [have ______ -have not ______] exchanged the information required by Fed.

R. Civ. P. 26(a)(1). If not, state the reason therefor.

4. Describe any discovery conducted other than the above disclosures. 

5. Generally, dispositive Motions cannot be filed until the completion of discovery.

Describe any Motions any party may seek to make prior to the completion of discovery. 

Include any jurisdictional Motions and Motions to Amend.

6. The parties proposed the following:

(a) Discovery is needed on the following subjects:

(b) Should discovery be conducted in phases? If so, explain.

(c) Number of Interrogatories by each party to each other party: ________

Case 2:11-cv-00427-JLL -CCC Document 20 Filed 05/17/11 Page 3 of 6 PageID: 113
(d) Number of Depositions to be taken by each party: ___________

(e) Plaintiff’s expert report due on _______________.

(f) Defendant’s expert report due on ______________.

(g) Motions to Amend or to Add Parties to be filed by _______________.

(h) Dispositive motions to be served within ______days of completion of discovery.

(i) Factual discovery to be completed by .

(j) Expert discovery to be completed by ____________.

(k) Set forth any special discovery mechanism or procedure requested, including data 

 preservation orders or protective orders:

(l) A pretrial conference may take place on .

(m) Trial by jury or non-jury Trial?

(n) Trial date: ______________________.

7. Do you anticipate any discovery problem(s)? Yes __________ No __________

 If so, explain. 

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

problems with out-of state witnesses or documents, etc.)? Yes ________ No _______ 

 If so, explain.

9. State whether this case is appropriate for voluntary arbitration (pursuant to L. Civ. R. 

201.1 or otherwise), mediation (pursuant to L. Civ. R. 301.1 or otherwise), appointment

of a special master or other special procedure. If not, 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 of dispositive motions,

etc.).

10. Is this case appropriate for bifurcation? Yes __________ No __________

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

Judge.

 

Attorney(s) for Plaintiff(s)

 

Attorney(s) for Defendant(s)

Case 2:11-cv-00427-JLL -CCC Document 20 Filed 05/17/11 Page 4 of 6 PageID: 114
United States District Court for the District of New Jersey

NOTICE

 November 2004

Dear Bar Member:

The United States District Court for the District of New Jersey implemented electronic case

filing on January 5, 2004. The Case Management/Electronic Case Filing (CM/ECF) system is

browser-based and accessible over the Internet. We are excited about the benefits this technology

offers to the court and the bar, especially being able to file and view documents 24 hours a day from

the convenience of your office or home.

Training is essential to utilize the full capabilities of this system. Attorneys are encouraged

to participate in training and register to become e-filers. For your convenience, we are providing three

methods of ECF training. Hands-on training classes are offered at each of our three courthouses.

You can register for these classes on our web site at pacer.njd.uscourts.gov. There is a self-paced

ECF tutorial that is accessible from our web site as well. We also offer on-site training that can be

arranged at your firm depending on the number of attendees and the availability of suitable facilities

by calling (973)-645-4439.

ECF registration forms can be obtained from any of our three offices or completed

electronically on our website. It is strongly suggested that you familiarize yourself with the Policies

and Procedures that govern the use of this System. The Electronic Case Filing Policies and

Procedures are available on our web site, along with our ECF User’s Guide and other useful

information.

In addition to ECF access, it is recommended that a PACER (Public Access to Electronic

Records) account is obtained. A PACER account will provide Filing Users with querying

capabilities. PACER is a fee-for-use service offered by the Administrative Office of the United States

Courts. Contact the PACER Service Center at (800)676-6856 or on-line at

http://pacer.psc.uscourts.gov.

Please be advised that documents not filed electronically but filed in the traditional

manner on paper must be accompanied by a floppy diskette or a CD containing the document(s)

in PDF format. Each PDF document must not exceed 2MB or 2048KB. If the paper document

contains an original signature, then the electronic version contained on the diskette or CD must

include a signature line with “s/” (e.g., s/Jennifer Doe). 

The real success of this system is a function of the number of lawyers who become registered

e-filing users. Upon receipt of your ECF login and password, the court expects you to file

electronically. Please take advantage of the CM/ECF training opportunities and become a registered

e-filer before e-filing becomes mandatory. Beginning January 31, 2005, electronic case filing will

be mandatory for all civil and criminal cases other than pro se cases.

Sincerely,

William T. Walsh

Clerk

Case 2:11-cv-00427-JLL -CCC Document 20 Filed 05/17/11 Page 5 of 6 PageID: 115
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 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 first six hours of a mediator’s time

is free. The mediator’s hourly rate thereafter is $150.00, 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

“pacer.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.

Civil actions in which there are pro se parties (incarcerated or not) are not

eligible for mediation.

Case 2:11-cv-00427-JLL -CCC Document 20 Filed 05/17/11 Page 6 of 6 PageID: 116