The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
[PROPOSED] SCHEDULING ORDER
WHEREAS, counsel for the parties have conferred regarding a
proposed scheduling order, the parties hereby jointly propose the
A. Initial Disclosures
The parties agree to waive automatic disclosure under Rule 26.
B. Class Discovery
1. Class Plaintiffs shall move for class certification no later
than May 2, 2005.
2. Defendants shall commence discovery relating to class
certification no later than fifteen (15) days after the filing of
the class certification motion ("Class Discovery Requests").
3. Lead Plaintiffs shall respond to Defendants' Class Discovery
Requests within thirty (30) days of the service thereof.
4. Depositions relating to class certification shall be taken
no later than thirty (30) days after Class Plaintiffs respond to
Defendants' Class Discovery Requests. C. Fact Discovery
1. Discovery shall proceed pursuant to the applicable
provisions of the Federal Rules of Civil Procedure immediately.
2. The parties shall commence fact discovery on or before May
3. No later than April 8, 2005, the parties shall submit to the
Court a mutually agreed upon stipulation and proposed order
regarding confidentiality or, in the event of a failure of the
parties to reach agreement on a form of stipulation, alternative
proposed orders and supporting papers.
4. Subject to the submission of a mutually agreed upon
stipulation and proposed order regarding confidentiality (or, in
the event of a failure of the parties to reach agreement on a
form of stipulation, then upon the entry by the Court of a
confidentiality order), the parties shall produce documents
responsive to any Request for Production of Documents on a
rolling basis within thirty (30) days of the service thereof, and
shall endeavor in good faith to complete substantial production
of such documents within one hundred twenty (120) days of the
5. In order to avoid delays resulting from taking discovery
from foreign residents who may be witnesses during discovery or
at trial, each party to this proceeding shall use their best
efforts to secure voluntary compliance with any discovery request
to a foreign resident witness who is reasonably within that
6. All foreign residents shall be deposed in their country of
residence, unless the witness requests or voluntarily agrees to
be deposed in New York, New York or another United States
location agreed to by the parties, and all parties who are
residents of the United States shall also be deposed in New York,
New York or another United States location agreed to by the
parties. All foreign depositions shall be conducted pursuant to
and in accordance with the Federal Rules of Civil Procedure.
7. Any witness whose testimony is relevant to both actions
shall provide such testimony during a single deposition.
8. Any party may request to participate in a deposition by
video conference, or other manner of remote access, the full cost
of which shall be paid by the requesting party. Such request
shall not preclude any ...