Uniform Pretrial Scheduling Order (Magistrate Judge David E. Peebles) | Pdf Fpdf Doc Docx | New York

 New York /  Federal /  District Court /  Northern District /
Uniform Pretrial Scheduling Order (Magistrate Judge David E. Peebles) | Pdf Fpdf Doc Docx | New York

Uniform Pretrial Scheduling Order (Magistrate Judge David E. Peebles)

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

Alternate TextLast updated: 5/2/2006

Included Formats to Download
$ 39.99

Description

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK HONORABLE DAVID E. PEEBLES UNIFORM PRETRIAL SCHEDULING ORDER vs. Civil No. -CV- Counsel for all parties having reported as directed by the Court on the status of this action, which is being heard by a United States Magistrate Judge on consent of the parties pursuant to 28 U.S.C. 636(c), 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 ARE FIRM AND WILL NOT BE EXTENDED, EVEN BY STIPULATION OF THE PARTIES, ABSENT GOOD CAUSE. See Fed. R. Civ. P. 16(b).2) VENUE MOTIONS are to be filed within sixty (60) days of the date of this Order following the procedures set forth in Northern District of Local Rule ("L.R.") 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 ofthe date of this Order and are to be made returnable before the assigned Magistrate Judge, following the procedures set forth in L.R. 7.1(b)(2). 1 <<<<<<<<<********>>>>>>>>>>>>> 24) JOINDER OF PARTIES: Any application to join any person as aparty to this action shall be made on or before ___________________. 5) AMENDMENT OF PLEADINGS: Any application to amend anypleading in this action shall be made on or before _________________.6) DISCOVERY: All discovery in this matter is to be completed on orbefore _____________________________ . Service of discovery requestsmust be made a sufficient number of days before this deadline to allowresponses to be served before the cut-off, including adding three days inthe event of service by mail under Fed. R. Civ. P. 6(e). See L.R. 16.2. Special procedures for management of expert witnesses: There shall 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: (1) No later than ninety (90) days prior to the discovery deadline set in paragraph 6 above ___________, plaintiff shall identify such expert(s) and unless waived shall serve on the other parties the experts written report containing the information required in Fed. R. Civ. P. 26(a)(2)(B). (2) No later than forty-five (45) days prior to the discovery deadline set in paragraph 6 above ___________ defendant(s) shall identify such expert(s) and unless waived shall serve on the other parties the experts written report containing the information required in Fed. R. Civ. P. 26(a)(2)(B). 2 <<<<<<<<<********>>>>>>>>>>>>> 3 (3) No depositions of experts shall be taken until after the exchange of the above referenced expert reports. (4) No later than thirty (30) days prior to the discovery deadline set in paragraph 6 above __________, the parties must identify any and all experts who will contradict or rebut evidence on 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 report containing the information required in Fed. R. Civ. P. 26(a)(2)(B). NOTE: If a treating physician is expected to be called as a witness, he or she must be identified at least ninety (90) days prior to the close of discovery . The production of written 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 of Advisory Committee on Rules - 1993 Amendment). (b) 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). (c) 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(B)(2) below for use at trial, and should be prepared for the possibility that the trial will proceed without such testimony if the testimony is not preserved. 7) MOTIONS other than those made under paragraphs 2 and 3 above are to be filed on or before ________________________: 3 <<<<<<<<<********>>>>>>>>>>>>> 4 a) DISCOVERY MOTIONS . Discovery motions 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 L.R. 7.1(d). b) Non-discovery motions. All non-discovery motions, whether dispositive or non-dispositive, shall be filed in accordance with N.D.N.Y.L.R. 7.1(b)(2) and shall be made returnable before the assigned Magistrate Judge. Unless excused by the court, oral argument shall be required on all motions filed in the case. 8) TRIAL DATES: (a) When no dispositive motion is filed and pending , themotion filing deadline becomes the trial ready date. In such a case the Court will issue a notice scheduling a Final Pretrial Conference in order to discuss outstanding issues and set a trial date. Counsel may contact Magistrate Judge Peebles Courtroom Deputy Clerk at any time, to request that a settlement conference or trial date be scheduled. (b) When a dispositive motion is filed, and provided that the motion filing deadline HAS expired , the case is marked trial ready upon issuance of the motion decision. PLAINTIFFS COUNSEL shall contact Magistrate Peebles Courtroom Deputy Clerk within one week after receiving the Courts decision on the motion, to request the scheduling of a Final Pretrial Conference. (c) When a dispositive motion is filed, and the motion filing deadline HAS NOT expired , the case will continue in accordance with the pretrial schedule previously set in this Rule 16 Uniform Pretrial Scheduling Order. Any request for an extension of the Rule 16 Uniform Pretrial Scheduling Order deadline(s) will be addressed by the assigned magistrate judge. It is anticipated that the trial will take approximately day(s) to complete. 4 <<<<<<<<<********>>>>>>>>>>>>> 5This is a trial. The parties request that the trial be held in _________, New York. 8(a) - Witness Availability for Trial: The unavailability of any witness, expert or otherwise, will not be grounds fo

Our Products