Opinion
Nos. 05 Civ. 7116 (WHP), 04 Civ. 5723 (WHP).
October 31, 2005
SCHEDULING ORDER No. 1
All counsel in above-captioned actions having appeared for a conference on October 27, 2005, this Court orders as follows:
1. The Defendants in Bank of America, No. 05 Civ. 7116 (the "Bank of America Defendants") will serve and file their motion to dismiss and/or to stay litigation pursuant to Section 3 of the Federal Arbitration Act by November 10, 2005;
2. Plaintiffs will serve and file their opposition papers by December 16, 2005;
3. The Bank of America Defendants will serve and file their reply papers by January 13, 2006;
4. Oral argument on the Bank of America Defendants' motion and the American Express Defendants' motion for reconsideration is scheduled for February 3, 2006 at 10:00 a.m.;
5. The Bank of America Defendants will submit their letter in further support of their application for a stay of discovery by November 4, 2005. Plaintiffs will respond by November 14, 2005 and the Bank of America Defendants will reply by November 21, 2005;
6. The parties in Bank of America, No. 05 Civ. 7116 will submit a revised Rule 26(f) report by November 22, 2005;
7. Bank of America, No. 05 Civ. 7116 was designated as an ECF case in error. Effective forthwith, the Clerk of Court is directed to designate this case as a non-ECF case; and
8. Expert discovery in American Express, No. 04 Civ. 5723 will be completed by December 21, 2005.
SO ORDERED.