Opinion
22 Civ. 6641 (LLS)
11-04-2022
CHRISTOPHER RETZLAFF, Plaintiff, v. LONG ISLAND RAILROAD COMPANY, Defendant.
Flynn & Wietzke, PC Attorneys for Plaintiff Chesney Nicholas & Brower, LLP Attorneys for Defendant
Flynn & Wietzke, PC Attorneys for Plaintiff
Chesney Nicholas & Brower, LLP Attorneys for Defendant
ORDER FOR CONFERENCE PURSUANT TO RULE 16(b)
LOUIS L. STANTON UNITED STATES JUDGE
1. DATE OF CONFERENCE: November 4, 2022 at 12:00 PM
For Plaintiff: Sean Constable, Esq. Flynn & Wietzke, PC 1205 Franklin Avenue Garden City, NY 11530 (516) 877-1234
For Defendant: William J. Crowe, Esq. Chesney Nicholas & Brower, LLP 485 Underhill Blvd., Suite 308 Syosset, NY 11791 (516)378-1700
2. CONCISE STATEMENT OF ISSUES:
A. Whether the defendant, through its agents, servants and employees were negligent in failing to provide plaintiff with a safe place to work.
B. Whether the negligence of the railroad, its agents, servants and employees caused, in whole or in part, no matter how slight, plaintiff's injuries?
C. Was the plaintiff negligent?
D. Did the plaintiff's negligence play any part, no matter how slight, in causing his injuries?
E. If the plaintiff was negligent, what percentage of fault can be attributed to his conduct?
F. What is the monetary damages suffered by the plaintiff?
3a. PERSONS TO BE DEPOSED & SCHEDULE OF DEPOSITIONS:
Plaintiff and defendant by a witness to be determined to be completed by 2/15/2023
b. SCHEDULE FOR PRODUCTION OF DOCUMENTS
Auto Disclosure Exchanged: 11 74/2022
Interrogatories & Request for Documents served: 1174/2022
Responses to demands due: 12/21720 22
c. FACT DISCOVERY ENDS: 3715/20 23
d. EXPERT REPORTS EXCH ANGED:
i. By Plaintiff:3/15/2023
By Defendant;4/19/2023
EXPERT DEPOSITIONS COMPLETED:
ii. Plaintiffs Expert: 4/26/2023
Defendant's Expert: 4/26/2023
e. DISCOVERY IS COMPLETED: 5/5/2023
f. JOINT PRE-TRIAL ORDER SUBMISSION
Plaintiff's portion by:5/17/2023
Defendant's portion by:5/23/2023
g. TRIAL DOCUMENTS FILED WITH COURT:
Joint Pre-Trial Order, Trial Brief, Voir Dire, Request to Charge to be filed by:5/26/2023
h. FINAL PRE-TRIAL CONFERENCE: 12 noon Friday May 12, 2023.
4. LIMITATIONS ON DISCOVERY: NONE
5. DISPUTED DISCOVERY ISSUES: NONE
6. ANTICIPATED FIELDS OF EXPERT TESTIMONY: Medical
7. ANTICIPATED LENGTH OF TRIAL
By Plaintiff: 2 Days
By Defendant: Days
JURY OR NON-JURY TRIAL: Jury
8. Scheduling Order may be altered or amended only on a showing of good cause not foreseeable at the time of the conference or when justice so requires.
SO ORDERED: