Here it is
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CMG HOLDINGS GROUP, INC. as assignee of
XA THE EXPERIENTIAL AGENCY, INC.,
Plaintiff,
-against- Civil Action No.; 15-cv-05814-JPO
JOSEPH WAGNER, HUDSONGRA Y LLC, (Oetken, J.)
et al.,
CIVIL CASE
MANAGEMENT PLAN
Defendants. AND SCHEDULING ORDER
This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance
with Fed. R. Civ. P. 26(f)(3).
1. All parties [ do not consent ..J to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c).
2[color=red]. Settlement discussions [ have not ] taken place.[/color]
3. The parties [have ] conferred pursuant to Fed. R. Civ. P. 26(t).
4. Amended pleadings may not be filed and additional parties may not be joined except with
leave of the Court. Any motion to amend or to join additional parties shall be filed
within 180 days from the date of this Order. [Absent exceptional circumstances, thirty (30) days.]
S. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(l) shall be completed no later than 14_ days from the date of this Order. [Absent exceptional circumstances,
fourteen (14) days.]
6. Fact Discovery:
a. All fact discovery shall be completed no later than October 20th, 2017 [color=red][color=red][/color][/color]unless the Court finds that the case presents unique complexities or other exceptional circumstances.]
b. Initial requests for production of documents shall be served by 30 davs of the date of this order.
c. Interrogatories shall be served by 30 davs from the date of this order .
d. Depositions shall be completed by August 20. 2017.
e. Requests to admit shall be served by September 20. 2017.
t: Any ofthedeadlines in paragraphs 6(b) through 6(e) may be extended by the written consent of all parties without application to the Court, provided that all fact discovery is completed by the date set forth in paragraph 6(a).
7. Expert Discovery:
a. All expert discovery, including expert depositions, shall be completed no later than 45 days after the completion of all fact discovery. (Absent exceptional circumstances, a date forty-five (45) days from the date in paragraph 6(a) (i.e., the completion of all fact discovery).]
b. Plaintiff's expert disclosures pursuant to Fed. R. Civ. P. 26(a)(2) shall be made on or before 90 days prior to trial date.
c. Defendant's expert disclosures pursuant to Fed. R. Civ. P. 26(a)(2) shall be made on or before 90 days prior to trial date.
d. The interim deadlines in paragraphs 7(b) and 7(c) may be extended by the written consent of all parties without application to the Court, provided that expert
discovery is completed by the date set forth in paragraph 7(a).
8. All motions and applications shall be governed by the Court's Individual Practices.
9. All counsel must meet in person to discuss settlement within fourteen (14) days following the close of fact discovery.
10. a. Counsel for the parties have discussed an infonnal exchange of
infonnation in aid of early settlement of this case and have agreed upon
the following:
b. Counsel for the parties have discussed the use of the following alternate dispute resolution mechanisms for use in this case: (i) a settlement conference before a Magistrate Judge; (ii) participation in the District's Mediation Program; and/or (iii) retention of a privately retained mediator. Counsel for the parties propose the following alternate dispute resolution mechanism for this case: The parties shall participate in a settlement conference before a Magistrate Judge.
c. Counsel for the parties recommend that. the alternate dispute resolution mechanism designated in paragraph 1 O(b) be employed at the following point in the case (e.g., within the next sixty days; after the deposition of plaintiff is completed (specify date); after the close of fact discovery): The settlement conference shall be held within 30 days of the completion of depositions.
d. The use of any alternative dispute resolution mechanism does not stay or modify any date in this Order.
11. Unless otherwise ordered by the Court, any summary judgment motion shall be filed within fourteen (14) days of the close of all discovery. The parties shall submit a Joint
Pretrial Order prepared in accordance with Fed. R. Civ. P. 26(a)(3) and the Court's Individual Practices within thirty (30) days of a decision on such motion. If no motion
for summary judgment is filed, the parties shall file the Joint Pretrial Order within thirty (30) days of the close of discovery. Any motions in limine shall be filed on or before the date on which the Joint Pretrial Order is due. If this action is to be tried before a jury, proposed voir dire, jury instructions, and verdict form shall also be filed on or before the Joint Pretrial Order due date. Counsel are required to meet and confer on a joint submission of proposed jury instructions and verdict form, noting any points or disagreement in the joint submission. Jury instructions may not be submitted after the Joint Pretrial Order due date, unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A).
If this action is to be tried to the Court, proposed findings of fact and conclusions oflaw should be submitted on or before the Joint Pretrial Order due date.
12. The parties shall be ready for trial on . [Absent exceptional
circumstances, a date within two weeks following the Final Pretrial
[color=red]13. This case [is ] to be tried to a jury[/color].
14. Counsel for the parties have conferred and their present best estimate of the length of trial
is ~~~~~~~~~
15. Other issues to be addressed at the Initial Pretrial Conference, including those set forth in Fed. R. Civ. P. 26(f){3), are set forth below.
Counsel for the Parties:
Eaton & Van Winkle LLP
By: Lawrence A. Stackman
Adam J. Rader
3 Park A venue, 16th Floor
New York, NY 10016
(212) 779-9910
Windels Marx Lane & Mittendorf, LLP
By: Scott R. Matthews
James P. Tracy
156 West 56th Street
New York, NY 10019
(212) 237-1025
The next Case Management Conference is scheduled for {Jc._ f. JP , )..'ZJ J 7 at
I tJ .·' 00 k. yvi • •
This Order may not be modified or the dates herein extended, except by further Order of
this Court for good cause shown. Any application to modify or extend the dates herein (except
as provided in paragraph 6(f) and 7(d)) shall be made in a written application in accordance with
Court's Individual Practices and shall be made no less than two (2) business days prior to the
expiration of the date sought to be extended.
SO ORDERED.
Dated: l fl /j, 0 It t United States District Judg
