Uniform Pretrial Scheduling Order (Judge Glenn T. Suddaby)Start Your Free Trial $ 39.99
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK HONORABLE GLENN T. SUDDABY UNIFORM PRETRIAL SCHEDULING ORDER vs. Civil Action No. Counsel for all parties having reported on the status of this action as directed by the Court, and the Court having considered the positions of the respective counsel regarding a schedule for the progression of the case, IT IS ORDERED that (1) THE DEADLINES SET IN THIS SCHEDULING ORDER SUPERSEDE THE DEADLINES SET FORTH IN FED. R. CIV. P. 26(a)(3) AND ARE FIRM AND WILL NOT BE EXTENDED, EVEN BY STIPULATION OF THE PARTIES, ABSENT GOOD CAUSE. See Fed. R. Civ. P. 16(b). VENUE MOTIONS: Venue motions are to be filed within sixty (60) days of the date of this Order following the procedures set forth in Local Rule 7.1 (b)(2) and are to be made returnable before the assigned Magistrate Judge. JURISDICTION MOTIONS: Jurisdiction motions are to be filed within sixty (60) days of the date of this Order following the procedures set forth in Local Rule 7.1 (b)(1) (unless a party who is not an attorney is appearing pro se, in which case Local Rule 7.1 (b)(2) should be followed) and are to be made returnable before Judge Suddaby. JOINDER OF PARTIES: Any application to join parties in this action shall . be made on or before (2) (3) (4) 1 American LegalNet, Inc. www.FormsWorkFlow.com (5) AMENDMENT OF PLEADINGS: Any application to amend any pleading in . this action shall be made on or before DISCOVERY: All discovery in this matter is to be completed on or before Service of discovery requests must be made a sufficient number of days before this deadline to allow responses to be served before the cut-off. Please refer to Local Rule 16.2 (Discovery Cut-Off). Special procedures for management of expert witnesses: There will be binding disclosure of the identity of expert witnesses (including a curriculum vitae) as set forth below. (A) Expert Reports: With regard to experts who are retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony: (i) No later than 90 days prior to the discovery deadline set in Paragraph (6) above, PLAINTIFF(S) shall identify any expert(s) and, unless waived, shall serve on the other parties the expert's written report pursuant to Fed. R. Civ. P. 26(a)(2)(B). Note: When a treating physician is expected to be called as a witness, he or she must also be identified in accordance with this rule. The production of written reports prepared by a treating physician, pursuant to Fed. R. Civ. P. 26(a)(2)(B), is encouraged as an aid to settlement, but not required. (See Notes of Advisory Committee on Rules 1993 Amendment.) (ii) No later than 45 days prior to the discovery deadline set in Paragraph (6) above, DEFENDANT(S) shall identify any expert(s) and, unless waived, shall serve on the other parties the expert's written report pursuant to Fed. R. Civ. P. 26(a)(2)(B). No later than 30 days prior to the discovery deadline set in Paragraph (6) above, ALL PARTIES must identify all experts who will contradict or rebut evidence on the same subject matter identified by another party under Subparagraphs (6)(A)(i) and (ii) above and, unless waived, shall serve on the other parties the expert's written report pursuant to Fed. R. Civ. P. 26(a)(2)(B). . (6) (iii) 2 American LegalNet, Inc. www.FormsWorkFlow.com (iv) No deposition of experts shall be taken until AFTER the exchange of the expert reports, UNLESS THE PARTIES AGREE. Motions to preclude expert witness testimony must be filed and served on or before the motion deadline as set forth in Paragraph (7) below. (v) (B) Failure to comply: The failure to comply with the deadlines set forth in Subparagraph (A) above may result in the imposition of sanctions, including the preclusion of testimony, pursuant to Fed. R. Civ. P. 16(f). Unavailability of Expert witness: In order to avoid the possibility of the unavailability of an expert witness at the time set for trial, counsel may preserve the testimony of such witness as outlined in Paragraph (11)(D)(i)(b) below for use at trial. In the absence of same, the trial will proceed without such testimony. (C) (7) MOTIONS: Other than those made under Paragraphs (2) and (3) above, motions are to be filed on or before . Note: If no dispositive motion(s) are filed, the motion filing deadline becomes the Trial Ready Date. (See Trial Ready Date at Paragraph (8)(A) below.) (A) Non-Dispositive Motions: Non-dispositive motions (except venue motionsdiscussed in Paragraph (2) aboveand motions for injunctive relief) shall NOT be filed until after a conference with the Magistrate Judge, which is to be arranged through the Courtroom Deputy Clerk assigned to the Magistrate Judge. Before requesting such a conference to resolve discovery disputes, the parties must have complied with Local Rule 7.1 (d). Non-dispositive motions, including discovery motions, shall be filed in accordance with Local Rule 7.1(b)(2) and, except for motions for injunctive relief, shall be made returnable before the assigned Magistrate Judge. Motions for injunctive relief shall be made returnable before Judge Suddaby unless the case has been referred to a Magistrate Judge pursuant to 28 U.S.C. § 636(c) ("consent" jurisdiction). 3 American LegalNet, Inc. www.FormsWorkFlow.com (B) Dispositive Motions: Dispositive motions shall be filed in accordance with Local Rule 7.1(b) and shall be made returnable before Judge Suddaby, unless the case has been assigned to a Magistrate Judge on consent of the parties pursuant to 28 U.S.C. § 636(c). (8) TRIAL DATES: (A) Trial Ready Date: (i) When no dispositive motion is filed, the motion filing deadline becomes the trial ready date. The Court will issue a notice scheduling a Final Pretrial Conference and Trial Date. Counsel may contact Judge Suddaby's Courtroom Clerk, at any time, to request that a settlement conference or trial date be scheduled. When a dispositive motion is filed and the motion filing deadline has expired, the case is marked trial ready upon issuance of the motion decision. Judge Suddaby's Courtroom Clerk will contact counsel after issuance of the Court's decision on the motion to schedule a pretrial conference. Any request for an extension of the Rule 16 Uniform Pretrial Order deadline(s) will be addressed by Judge Suddaby at the time of the conference. When a dispositive motion is filed and the motion filing deadline HAS NOT expired, the case will cont