Opinion
21 Civ. 7263 (NSR)
05-13-2022
TRUSTEES OF THE DISTRICT COUNCIL No. 9 PAINTING INDUSTRY INSURANCE FUND; TRUSTEES OF THE DISTRICT COUNCIL No. 9 PAINTING INDUSTRY ANNUITY FUND; TRUSTEES OF THE DISTRICT COUNCIL No. 9 FINISHING TRADES INSTITUTE; TRUSTEES OF THE INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES NATIONAL PENSION FUND; and DISTRICT COUNCIL NO. 9 INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES, Plaintiffs, v. HILT CONSTRUCTION INC.; NORTH AMERICAN SPECIALTY INSURANCE COMPANY; and GENERAL CASUALTY COMPANY OF WISCONSIN, Defendants.
ORDER
Nelson S. Roman, U.S.D.J.
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 May 30, 2022. After review and approval of the Scheduling Order, the Court will issue an Order of Reference to Magistrate Judge Andrew E. Krause for general pretrial purposes. The parties are directed to contact Judge Krause within seven (7) business days of the date of the Order of Reference to schedule a conference.
SO ORDERED. 1
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.2
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 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. 3