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LEPERE v. MALBIN

United States District Court, S.D. New York


August 8, 2005.

ANOUCK LEPERE, individually, and as a shareholder and officer of DECIBELLE, INC., and in the right of DECIBELLE, INC., Plaintiff,
v.
JONATHAN MALBIN, individually, and as a secretary/treasurer and purported shareholder of DECIBELLE, INC., DECIBELLE, INC., and MALBIN MANAGEMENT, INC., Defendants.

The opinion of the court was delivered by: DOUGLAS EATON, Magistrate Judge

SCHEDULING ORDER

1. Defendants must file an Answer or motion in lieu of an Answer by August 26, 2005.

2. Any motion for leave to amend the pleadings or to add parties must be served and filed by September 6, 2005.

  3. All fact discovery must be commenced in time to be completed by November 30, 2005.

  4. Any proposed expert witness who falls within the words of Rule 26(a)(2)(B) must serve a report in strict compliance with that Rule — plaintiff's experts by December 22, 2005, defendant's experts by January 12, 2006. These are also the deadlines for identifying any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence. All expert discovery must be commenced in time to be completed by February 6, 2006.

  5. Any dispositive motion must be served and filed by February 15, 2006. If the District Judge requires a pre-motion conference, then this is the deadline to request such a conference.

  6. If (and only if) no dispositive motion or request for a pre-motion conference has been made, the joint pre-trial order, in a format that complies with the trial Judge's individual rules, must be filed by March 3, 2006; Plaintiff must serve her sections of the pre-trial order by February 22, 2006; defendants must serve their sections by February 28, 2006.

  7. None of these deadlines will be extended except upon a showing of good cause. Any request for an extension must be made, by fax and by mail, at least one week before the deadline in question, and must state the other parties' positions concerning the proposed alternative date.

  8. I will not "so order" any consent adjournment unless it complies with Paragraph 6 and tells me in writing the factual basis for the "good cause."

  9. Pursuant to Rule 16(f), I may impose sanctions, including attorney's fees, if a party or a party's attorney fails to obey this scheduling order.

20050808

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