Uniform Pretrial Scheduling Order (Judge David N. Hurd) | Pdf Fpdf Doc Docx | New York

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Uniform Pretrial Scheduling Order (Judge David N. Hurd) | Pdf Fpdf Doc Docx | New York

Uniform Pretrial Scheduling Order (Judge David N. Hurd)

This is a New York form that can be used for Northern District within Federal, District Court.

Alternate TextLast updated: 5/2/2006

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK HONORABLE DAVID N. HURD UNIFORM PRETRIAL SCHEDULING ORDER vs. Civil No. -CV- Counsel for all parties having reported on the status of this action as directed by theCourt, 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. I6(b). 2) 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. 3) 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 L.R. 7.1 (b)2 should be followed) and are to be made returnable before the assigned District Judge. Note that if the procedures set forth in L.R. 7.1 (b)1 are being followed, such motions should be served at least 35 days prior to this deadline in order for the "motion package" to be filed in a timely manner. 4) JOINDER OF PARTIES: Any application to join any person as a party to thisaction shall be made on or before , . 1 <<<<<<<<<********>>>>>>>>>>>>> 25) AMENDMENT OF PLEADINGS: Any application to amend any pleading in thisaction shall be made on or before , .6) DISCOVERY: All discovery in this matter is to be completed on or before , . Service of discovery requests must be made a sufficientnumber 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 shall be binding disclosure of the identity of expert witnesses (including acurriculum 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 theparty regularly involve giving expert testimony: (1) No later than 90 days prior to the discovery deadline set in paragraph 6above, plaintiff(s) shall identify such expert(s) and unless waived shall serve on theother parties the experts written report pursuant to Fed. R. Civ. P. 26(a)(2)(B). (2) No later than 45 days prior to the discovery deadline set in paragraph 6above defendant(s) shall identify such expert(s) and unless waived shall serve on theother parties the experts written report pursuant to Fed. R. Civ. P. 26(a)(2)(B). (3) No depositions of experts shall be taken until after the exchange of the aboveexpert reports. (4) No later than 30 days prior to the discovery deadline set in paragraph 6above, the parties must identify any and all experts who will contradict or rebut evidenceon the same subject matter identified by another party under subparagraphs 6(a)(1) and(2) above, and unless waived, shall serve on the other parties such experts written reportpursuant to Fed. R. Civ. P. 26(a)(2)(B). (5) Motions to preclude expert witness testimony must be filed and served on orbefore the dispositive motion deadline as set forth in paragraph seven (7) below. 2 <<<<<<<<<********>>>>>>>>>>>>> 3 NOTE: If a treating physician is expected to be called as a witness, he or shemust be identified at least 90 days prior to the close of discovery. The production ofwritten reports prepared by treating physicians pursuant to Fed. R. Civ. P. 26(a)(2)(B)is encouraged as an aid to settlement but is not required by the Court. (See Notes ofAdvisory Committee on Rules 1993 Amendment). (b) The failure to comply with the deadlines set forth in subparagraph (a) abovemay result in the imposition of sanctions, including the preclusion of testimony,pursuant to Fed. R. Civ. P. 16(f). (c) In order to avoid the possibility of the unavailability of an expert witness atthe time set for trial, counsel may preserve the testimony of such witness as outlined in11 (B)(2) below for use at trial. In the absence of same the trial will proceed withoutsuch testimony. 7) MOTIONS other than those made under paragraphs 2 and 3 above are filed to be onor before , . a) NON-DISPOSlTIVE MOTIONS. Non-dispositive motions (except venuemotions-paragraph 2 above-and motions for injunctive relief) shall NOT be filed untilafter a conference with the Magistrate Judge, which is to be arranged through theCourtroom Deputy Clerk assigned to the Magistrate Judge. Before requesting such aconference to resolve discovery disputes, the parties must have complied with LocalRule 7.1 (d). Non-dispositive motions, including discovery motions, shall be filed inaccordance with Local Rule 7.1 (b)2 and, except for motions for injunctive relief, shallbe made returnable before the assigned Magistrate Judge. Motions for injunctive reliefshall be made returnable before the assigned District Judge unless the case has beenreferred to a Magistrate Judge pursuant to 28 U.S.C. 636(c) ("consent" jurisdiction). b) DISPOSITIVE MOTIONS . The motion deadline for Local Rule 7.1(b)1motions is the deadline for FILING the entire "motion package ." Therefore, in orderto meet this deadline, any dispositive motion under L ocal Rule 7.1 (b)1 shall be servedat least 35 days prior to the deadline set in paragraph 7 above. Dispositive motions shall be made returnable before the assigned District Judge 3 <<<<<<<<<********>>>>>>>>>>>>> 4unless the case has been assigned to a Magistrate Judge pursuant to 28 U.S.C. 636(c). 8) TRIAL DATES: a) TRIAL READY DATE : If no dispositive motions are filed by the dateset forth in paragraph 7 above, then the Trial Ready Date automatically becomes sixty (60) days after the motion filing deadline, at which time the case will be marked trial ready and counsel and the parties should be prepared to proceed to trial as of that date. If dispositive motions are filed in the case, then the Trial Ready Date will be sixty (60) days following the date of issuance of a decision involving those motions sixtyor (60) days after the motion filing deadline, whichever date occurs later. b) TRIAL DATE : It is anticipated that the trial will take approximately ___ days to complete. This is a _______ trial. The parties request that the trial be held in ___________, New York. Parties are dir

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