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AUSCAPE INTERNATIONAL v. NATIONAL GEOGRAPHIC SOCIETY

United States District Court, Southern District of New York


May 7, 2003

AUSCAPE INTERNATIONAL, ETC., PLAINTIFFS, AGAINST NATIONAL GEOGRAPHIC SOCIETY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lewis A. Kaplan, United States District Judge

ORDER

The Court refers to the letters on behalf of the National Geographic defendants, dated May 2, 2003, and the plaintiffs, dated May 6, 2003.

1. Defendants' time for filing motions for summary judgment with respect to plaintiffs' state law claims (other than those involving contractual interpretation) is extended from May 19, 2003 to and including June 15, 2003.

2. The time within which defendants shall make their experts available for deposition is extended from May 15, 2003 to and including June 15, 2003. It is unlikely that extending this date to the date for filing of summary judgment motions on certain of plaintiffs' state law theories and beyond that for filing those on other issues will prove prejudicial to plaintiffs, who in proper circumstances may avail themselves of Rule 56(f) in the event that they believe that the scheduling of expert discovery has impaired their ability to respond to any summary judgment motions.

3. Opening and answering briefs on the summary motions shall be limited to 60 pages and reply briefs to 20 pages. Answering papers shall be served no later than 30 days after the date of service of opening briefs. Reply papers shall be served no later than 14 days after the date of service of answering papers.

4. The Court expects full compliance with its discovery orders.

SO ORDERED.

20030507

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