Uniform Pretrial Scheduling Order (Magistrate Judge Randolph F. Treece) | Pdf Fpdf Doc Docx | New York

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Uniform Pretrial Scheduling Order (Magistrate Judge Randolph F. Treece) | Pdf Fpdf Doc Docx | New York

Uniform Pretrial Scheduling Order (Magistrate Judge Randolph F. Treece)

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 UNIFORM PRETRIAL SCHEDULING ORDER vs. Civil No. Counsel for all parties having reported on the status of this actionas directed by the Court, and the Court having considered the positionsof the respective counsel regarding a schedule for the progression of thecase, IT IS ORDERED that: 1) THE DEADLINES SET IN THIS SCHEDULING ORDER SUPERSEDE THEDEADLINES SET FORTH IN FED. R. CIV. P.26(a)(3) AND ARE FIRM ANDWILL 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 ofthis Order following the procedures set forth in Local Rule 7.1(b)2 andare to be made returnable before the assigned Magistrate Judge.3) JURISDICTION MOTIONS are to be filed within sixty (60) days of thedate of this Order following the procedures set forth in Local Rule7.1(b)1 (unless a party who is not an attorney is appearing pro se, inwhich case L.R. 7.1(b)2 should be followed) and are to be madereturnable before the assigned District Judge. Note that if theprocedures set forth in L.R. 7.1(b)1 are being followed, such motionsshould be served at least 35 days prior to this deadline in order for themotion package to be filed in a timely manner. 4) JOINDER OF PARTIES: Any application to join any person as a partyto this action shall be made on or before , 200 . 1<<<<<<<<<********>>>>>>>>>>>>> 25) AMENDMENT OF PLEADINGS: Any application to amend any pleading in this action shall be made on or before , 200 . 6) DISCOVERY: A ll discovery in this matter is to be completed on orbefore ,200 . Service of discoveryrequests 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 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 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 pursuant to Fed. R. Civ. P. 26(a)(2)(B). (2) No later than 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 pursuant to Fed. R. Civ. P. 26(a)(2)(B). (3) No depositions of experts shall be taken until after the exchange of the above expert reports. (4) No later than 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) ab ove, and unless waived, shall serve on the other parties such experts written report pursuant to Fed. R. Civ. P. 26(a)(2)(B). 2 <<<<<<<<<********>>>>>>>>>>>>> 3 (5) Motions to preclude expert witness testimony must befiled and served on or before the dispositive motion deadline as setforth in paragraph seven (7) below. NOTE: If a treating physician is expected to be called as awitness, he or she must be identified at least 90 days prior to theclose of discovery. The production of written reports prepared bytreating physicians pursuant to Fed. R. Civ. P. 26(a)(2)(B) isencouraged 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 insubparagraph (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 anexpert witness at the time set for trial, counsel may preserve thetestimony of such witness as outlined in 11(B)(2) below for use attrial. In the absence of same the trial will proceed without suchtestimony. 7) MOTIONS other than those made under paragraphs 2 and 3 aboveare to be filed on or before , 200 . a) NON-DISPOSITIVE MOTIONS. Non-dispositive motions(except venue motions-paragraph 2 above-and motions for injunctiverelief) shall NOT be filed until after a conference with the MagistrateJudge, which is to be arranged through the Courtroom Deputy Clerkassigned to the Magistrate Judge. Before requesting such aconference to resolve discovery disputes, the parties must havecomplied with Local Rule 7.1(e). Non-dispositive motions, including discovery motions, shallbe filed in accordance with Local Rule 7.1(b)2 and, except for motions for injunctive relief, shall be made returnable before the assignedMagistrate Judge. Motions for injunctive relief shall be madereturnable before the assigned District Judge unless the case has beenreferred to a Magistrate Judge pursuant to 28 U.S.C. 636(c) 3<<<<<<<<<********>>>>>>>>>>>>> 4(consent jurisdiction). b) DISPOSITIVE MOTIONS. The motion deadline for Local Rule7.1(b)1 motions is the deadline for FILING the entire motionpackage. Therefore, in order to meet this deadline, any dispositivemotion under Local Rule 7.1(b)1 must be served at least 35 days priorto the deadline set in paragraph 7 above. Dispositive motions shall be made returnable before theassigned District Judge unless the case has been assigned to aMagistrate Judge pursuant to 28 U.S.C. 636(c). 8) TRIAL DATES: a) If no dispositive motions are filed by the date set inparagraph 7 above, the case will be marked trial ready and counseland the parties should be prepared to proceed to trial as of that date. Otherwise, the case will be marked trial ready as of , 200 . It is anticipated that the trial will takeapproximately days to complete. b) Trial is scheduled for , 200 at 9:30 A.M. at the Federal Courthouse in ,New York.* This is a Jury Non-Jury trial. Trial dates are firm unless changed by the assigned MagistrateJudge or District Judge. Counsel and the parties are advised that thetrial date may be moved up in accordance with 8(a) above. The unavailability of any witness, expert or otherwise, will not begrounds for a continuance. In order to avoid the possibility of goingforward with the trial without the testimony of

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