The opinion of the court was delivered by: JONATHAN FELDMAN, Magistrate Judge
Pursuant to the order of the Hon. Charles J. Siragusa referring
the above case to the undersigned for pretrial procedures and the
entry of a scheduling order as provided in Fed.R.Civ.P. Rule
16(b) and Local Rule 16.1(a), the parties are hereby directed to
fully comply with Federal Rule of Civil Procedure 26.
All parties are reminded that effective December 1, 2000, Rule
26 of the Federal Rules of Civil Procedure was amended. These
amendments significantly alter prior discovery practice in the
Western District of New York by requiring mandatory pretrial
disclosures. The new rules also directly affect the scope and
conduct of all discovery in this case.*fn1 All parties are
expected be familiar with and fully comply with the requirements
of amended Rule 26 of the Federal Rules of Civil Procedure. Based on the foregoing, it is hereby
ORDERED that each party, including any party appearing
without counsel, shall appear before the undersigned on May 4,
2005 at 11:30 a.m., 2330 United States Courthouse, 100 State
Street, Rochester, New York for the purpose of entry of a case
management order as required by Rule 16(b) of the Federal Rules
of Civil Procedure; and it is further
ORDERED that pursuant to Rule 26(f) of the Federal Rules of
Civil Procedure, the parties shall confer at least 14 days prior
to the Rule 16(b) hearing as scheduled above for the purpose of
preparing the required "Proposed Discovery Plan" (PDP). The PDP
shall be in writing and shall specifically address relevant
issues concerning the management of all pretrial discovery
practice in this case, including:
1. In his referral order, Judge Siragusa has
specifically encouraged the parties to consider the
provisions of 28 U.S.C. § 636(c) governing consent to
complete disposition of the case (including trial, if
necessary) by this Court. The parties shall state in
the PDP whether or not unanimous consent to
Magistrate Judge jurisdiction has been agreed upon.
2. Deadline for compliance with the mandatory
disclosure requirements found in Rule 26(a)(1) of the
Federal Rules of Civil Procedure. Any objections to
the required disclosures must also be stated in the
3. Deadline for the filing of motions to amend the
pleadings or add parties.
4. Deadline for completion of fact discovery.
5. If expert discovery is contemplated by any party,
a deadline for the completion of all expert
discovery, including full compliance with Rule 26(a)(2)
regarding the identification and filing reports of
6. Deadline for the filing of motions to compel
7. Any Orders that should be entered under Rule 26(c)
8. Any changes in the limitations on discovery as
provided in Rule 30(d)(2) (oral depositions) and Rule
33(a) (interrogatory practice).
9. Deadline for the filing of dispositive motions.
10. The advisability and timing of a judicially
supervised settlement conference or other alternative
dispute resolution, including mediation.
11. The parties shall advise whether a jury trial is
required and the estimated length of the trial.
After meeting, the parties shall prepare a written PDP as
required by Rule 26(f) and submit the original PDP report to the
Clerk's Office for filing (with a courtesy copy sent directly to
Chambers) no later than 4 business days prior to the Rule 16(b)
conference as herein scheduled. At the conclusion of the Rule
16(b) conference and after conferring with the parties, this
Court will issue a Case Management Order governing all further
pretrial proceedings in this action.
ALL OF THE ABOVE IS SO ORDERED. Summary of Rules of Civil Procedure Amendments Effective December
(1) Changes, effective December 1, 2000, apply to all pending
cases and newly filed cases.
(2) Rule 26(a)(1)(A)-(D) mandates voluntary disclosure of
specific categories of information in all cases except those
exempted under Rule 26(a)(1)(E), e.g., social security appeals
and prisoner civil rights cases, at or within 14 days after the
conference between the parties required by Rule 26(f) to develop
a written Discovery Plan, unless stipulated or ordered otherwise,
or unless a party objects in the Discovery Plan.
(3) No discovery permitted before parties have conferred to
propose a written Discovery Plan unless permitted by court order
or by agreement of the parties. Rule 26(d).
(4) Discovery at the request of a party is limited to a claim
or defense. Discovery related to a matter relevant to subject
matter of the action available only upon court order for good
cause. Rule 26(b)(1).
(5) Depositions are limited to one day of seven hours. Multiple
parties on each side must coordinate depositions unless court
authorizes additional deposition time. Rule 30(d)(2).
(6) Interference with the conduct of a deposition by
instructing a witness not to answer a question is sanctionable
misconduct unless the instruction is to preserve a privilege or
enforce a limitation under Rule 30(d)(4). Rule 30(d)(1) and (3).
Objections must be stated concisely and in a non-argumentative
and non-suggestive manner. Rule 30(d)(1).
UNITED STATES DISTRICT COURT
Western District of New York
Plaintiff NOTICE, CONSENT, AND ORDER OF REFERENCE
EXERCISE OF JURISDICTION BY A UNITED STATES
NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE
TO EXERCISE JURISDICTION
In accordance with the provisions of 28 U.S.C. § 636(c), and Fed.R.Civ.P. 73, you are notified that a United
States magistrate judge of this district court is available to conduct any or all proceedings in this case including a
jury or nonjury trial, and to order the entry of a final judgement. Exercise of this jurisdiction by a magistrate judge
is, however, permitted only if all parties voluntarily consent.
You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's
jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties
consenting or withholding consent will not be communicated to any ...