Trs. of Laborers Int'l Union of N. Am. Local 235 Fringe Benefit Funds v. M.V.M. Constr.

Full title: TRUSTEES OF THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 235…

Court: United States District Court, S.D. New York

Date published: Dec 15, 2021

20 Civ. 10830 (NSR) (S.D.N.Y. Dec. 15, 2021)

Opinion

20 Civ. 10830 (NSR)

12-15-2021

TRUSTEES OF THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 235 FRINGE BENEFIT FUNDS and THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 235, Plaintiffs, v. M.V.M. CONSTRUCTION, LLC; GINO SECCHIANO, individually; AEGIS SECURITY INSURANCE COMPANY; and NGM INSURANCE COMPANY, Defendants.

NELSON S. ROMÁN, U.S. DISTRICT JUDGE

ORDER

NELSON S. ROMÁN, U.S. DISTRICT JUDGE

The Court waives the Initial Pre-trial Conference and directs the parties to jointly complete a Case Management Plan and Scheduling Order (blank form attached hereto). Said Scheduling Order shall be filed by January 3, 2022. After review and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Judith C. McCarthy for general pretrial purposes. The parties arc directed to contact Judge McCarthy within seven (7) business days of the date of the Order of Reference to schedule a conference.

SO ORDERED.

CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER

This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel, pursuant to Fed.R.Civ.P. 16 and 26(f):

1. All parties [consent] [do not consent] to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. (If all parties consent, the remaining paragraphs of this form need not be completed.)

2. This case [is] [is not] to be tried to a jury.

3. Joinder of additional parties must be accomplished by___ .

4. Amended pleadings may be filed until ___.

5. Interrogatories shall be served no later than___, and responses thereto shall be served within thirty (30) days thereafter. The provisions of Local Civil Rule 33.3 [shall] [shall not] apply to this case.

6. First request for production of documents, if any, shall be served no later than___ .

7. Non-expert depositions shall be completed by___ .

a. Unless counsel agree otherwise or the Court so orders, depositions shall not be held until all parties have responded to any first requests for production of documents.

b. Depositions shall proceed concurrently.

c. Whenever possible, unless counsel agree otherwise or the Court so orders, non-party depositions shall follow party depositions.

8. Any further interrogatories, including expert interrogatories, shall be served no later than ___.

9. Requests to Admit, if any, shall be served no later than ___.

10. Expert reports shall be served no later than ___.

11. Rebuttal expert reports shall be served no later than___ .

12. Expert depositions shall be completed by___ .

13. Additional provisions agreed upon by counsel are attached hereto and made a part hereof___.

14. ALL DISCOVERY SHALL BE COMPLETED BY___ .

15. Any motions shall be filed in accordance with the Court's Individual Practices.

16. This Civil Case Discovery Plan and Scheduling Order may not be changed without leave of Court (or the assigned Magistrate Judge acting under a specific order of reference).

17. The Magistrate Judge assigned to this case is the Hon. .

18. If, after entry of this Order, the parties consent to trial before a Magistrate Judge, the Magistrate Judge will schedule a date certain for trial and will, if necessary, amend this Order consistent therewith.

19. The next case management conference is scheduled for___, at ___ . (The Court will set this date at the initial conference.)

SO ORDERED.