Opinion
3:22cv686
10-16-2024
ERIC WESTRY, Plaintiff, v. CONNOR AHEARN, et al., Defendants.
AMENDED SCHEDULING ORDER
Michael P. Shea, U.S.D.J.
The Court orders that the following amended deadlines set forth below shall apply:
• The deadline for the parties to file motions to join additional parties or to amend the pleadings has passed. ECF No 22.
• All fact and expert discovery will be completed (not propounded) by June 30, 2025. Discovery will not be phased.
• A damages analysis will be provided by any party who has a claim or counter claim for damages by February 1, 2025.
• The parties' expert reports on issues on which they bear the burden of proof will be due March 30, 2025. Depositions of such experts will be completed by April 30, 2025.
• The parties' expert reports on issues on which they do not bear the burden of proof will be due May 30, 2025. Depositions of such experts will be completed by June 30, 2025.
• Dispositive motions are due July 30, 2025. The parties shall file response and reply briefs within the time limits set forth in the Local Rules of Civil Procedure.
• The Joint Trial Memorandum is due August 30, 2025, or 30 days from the Court's ruling on dispositive motions if any are filed, whichever is later.
• The case will be ready for trial by September 15, 2025, or 30 days from submission of the Joint Trial Memorandum, whichever is later.
• In addition, a Telephonic Status Conference will be held on May 6, 2025 at 5:00 p.m.; the Court will provide the parties with the dial-in information. The parties will file a joint status report by April 29, 2025.
• If the parties wish to have a Rule 16 conference with the Court, they should file a motion explaining the reasons for the conference.
The Court encourages the parties to discuss settlement as soon as possible. Nearly all civil cases settle, and at some point in this case, the Court will refer the parties to mediation with a U.S. Magistrate Judge to explore the potential for settlement. The sooner that occurs, the less expensive the case will be for the parties. The Court understands that sometimes it is necessary to conduct some discovery before the parties can engage in a productive mediation. If the parties believe this is such a case, the Court encourages them to discuss exchanging limited discovery, perhaps including one deposition by each party and the written discovery necessary to prepare for that deposition, before proceeding to mediation. But the parties may begin settlement discussions at any time, either by themselves or with the assistance of a U.S. Magistrate Judge. Should the parties wish at any time to be referred to a Magistrate Judge for mediation, they need only so indicate to the Court by filing a joint statement making such a request (which may be as short as a single sentence), by filing a statement by one party representing in good faith that counsel for all parties have conferred and agree that such a referral would be appropriate, or by telephoning chambers to make the same representations.
Finally, the parties are responsible for following the appended instructions regarding (1) joint status reports, (2) discovery disputes, and (3) the joint trial memorandum, all of which the Court hereby incorporates as part of this Scheduling Order.
IT IS SO ORDERED.