United States District Court, S.D. New York
April 11, 2005.
IN RE NTL, INC. SECURITIES LITIGATION This Document Relates To: All Actions. GORDON PARTNERS; FREDERICK L. GORDON; and SAM D. GORDON, Plaintiffs,
GEORGE S. BLUMENTHAL; BARCLAY KNAPP; and JOHN F. GREGG, Defendants.
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 other party from participating in person
in any deposition.
9. Fact discovery shall be completed on or before March 1,
10. In the event that a party commences formal proceedings to
take discovery from such witness within a reasonable time under
the Hague Convention on the Taking of Evidence Abroad in Civil or
Commercial Matters, 23 U.S.T. 2555, T.I.A.S. No. 7444, the fact
discovery cut-off set forth in paragraph C.9. above shall not
preclude the taking of such discovery, so long as the party
seeking the discovery diligently proceeds with the procedure. D. Expert Discovery
1. Lead Plaintiffs shall identify their testifying experts
pursuant to Fed.R.Civ.P. 26(a)(2)(A) and produce expert reports
pursuant to Fed.R.Civ.P.26(b)(4)(A) within twenty-one (21) days
after the close of fact discovery.
2. Defendants shall identify their testifying experts pursuant
to Fed.R.Civ.P. 26(a)(2)(A) and produce expert reports pursuant
to Fed.R.Civ.P.26(b)(4)(A) within twenty-one (21) days after
production of such Lead Plaintiffs' experts' reports.
3. The depositions of the parties' experts are to be concluded
within twenty-one (21) days after production of Defendants'
4. The parties may supplement their expert disclosures to
provide rebuttal expert testimony, which may include testimony of
additional experts, within twenty-one (21) days after the last
deposition of the opposing party's expert(s).
5. If any party elects to rely on the testimony of an
additional expert in connection with its rebuttal report, that
expert may be deposed on their rebuttal expert testimony within
twenty-one (21) days of the production of the rebuttal expert
E. Contention Interrogatories And Requests For Admissions
The parties shall serve contention interrogatories or requests
for admissions no later than thirty (30) days prior to the end of
II. JOINDER OF PARTIES AND AMENDMENTS TO THE PLEADINGS
1. Any motion for joinder of parties shall be made no later
than six (6) months prior to the close of fact discovery and any
motions for amendments to the pleadings in these actions shall be
made by no later than sixty (60) days prior to the close of fact
discovery. This provision is without prejudice to any party's
right to raise, as a ground for opposing a motion made within the
time frames specified in this paragraph, an argument to the
effect that under the particular circumstances, the motion was
unduly and prejudicially delayed.
2. Each party reserves the right to oppose such motion(s) on
any grounds available under the Federal Rules of Civil Procedure,
and to seek relief from this scheduling order in connection with
3. This scheduling order in no way waives or affects the
applicable statute of limitations of any claim or any other
defense in law or equity.
III. DISPOSITIVE MOTIONS
Dispositive motions, if any, shall be filed no later than
forty-five (45) days after the close of fact and expert
discovery. Responses to dispositive motions shall be filed no
later than forty-five (45) days after the service of said
motions. Reply briefs in further support of any dispositive
motions, if necessary, shall be filed within twenty-one (21) days
after the service of the responses; provided, however, that if and only if such
replies are being submitted in response to at least two separate
opposition briefs that have been filed on behalf of different
opposing parties, they shall be filed within thirty (30) days
after the service of the responses. All dispositive motions shall
be scheduled, filed and served in compliance with local court
rules, including Judge Kaplan's individual practices. The filing
of a dispositive motion does not relieve the parties of the
obligation to file the pretrial order as required in Section IV,
IV. PRE-TRIAL ORDER
The parties to each captioned action shall submit a joint
pre-trial order in conformity with the Court's Individual
Practices on or before June 1, 2006.
V. MODIFICATION OF THE SCHEDULE
This scheduling order may be altered or amended only on a
showing of good cause not foreseeable at the date hereof. Counsel
should not assume that extensions will be granted as a matter of
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