UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
XXXXXXXX XXXXX, ET AL :
Plaintiffs, :
:
V. : Case No. 3:20CVXXXX (RNC)
:
XXXXXXXXXX XXXXXXXXX :
ET AL., :
:
Defendants. :
SCHEDULING ORDER REGARDING CASE MANAGEMENT PLAN
Based on the parties’ report [doc. #00], the following
dates are hereby adopted as reasonable and appropriate to
serve the purposes of Fed. R. Civ. P. 1:
1. Pleadings: Any motion to amend the complaint will be
governed by the good cause standard of Fed. R. Civ. P. 16(b).
Defendants will file an answer on or before XXXXX XX, 2020.
Alternatively, if a defendant wants to file a motion under
Rule 12, a request for a prefiling conference with regard to
any such motion must be filed in accordance with paragraph 12
of this Order by XXXXX XX, 2020. If leave to file a motion
to dismiss is granted, counsel should be prepared to file the
motion by XXXXX X, 2020.
2. Joinder of Parties: Any motion to join parties will be
filed by XXXXX XX, 2020. Any such motion filed after this
date will be governed by the good cause standard of Fed. R.
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Civ. P. 16(b). Any opposition to a motion to join parties
will be filed by XXXX XX, 2020, and any reply will be filed
by XXXXX XX, 2020.
3. Discovery Deadline: All discovery, including all
discovery relating to expert witnesses, will be completed
(not just propounded) by XXXXXX XX, 2020. Discovery requests
must be served sufficiently in advance of the discovery cut-
off date to allow reasonable time to comply with the request
before the cut-off date. The pendency of a motion to compel
or for a protective order does not extend the period for
completing other discovery. In addition, the filing of a
motion to dismiss does not stay discovery. Discovery will not
be stayed except pursuant to a motion to stay demonstrating
that the motion to dismiss is likely to be granted and will
moot the need for discovery.
4. Initial Disclosures: The parties will make the
disclosures required by Fed. R. Civ. P. 26(a)(1) on or before
XXXXX XX, 2020.
5. Commencement of Formal Discovery: Formal discovery may
commence immediately.
6. Discovery of Expert Witnesses: An expert witness is
anyone, including a treating physician, who may be used at
trial to present evidence under Rules 702, 703, or 705 of the
Federal Rules of Evidence. Unless otherwise ordered, a party
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intending to call an expert witness must disclose a report
signed by the witness containing the information required to
be disclosed by Fed. R. Civ. P. 26(a) (2)(B) or (a)(2)(C),
whichever applies. All such expert reports will be disclosed
by plaintiffs on or before XXXXX XX, 2020, and any such
experts will be deposed on or before XXXXX XX, 2020. All
such expert reports will be disclosed by the defendants on or
before XXXXX XX, 2020, and any such experts will be deposed
by XXXXX XX, 2020. Plaintiffs rebuttal experts will be
disclosed by XXXXXX XX, 2020, and any such experts will be
deposed by XXXXXX XX, 2020.
7. Damages Analysis: Plaintiffs will serve a damages
analysis on or before XXXXX XX, 2020.
8. Motions to Compel: Any motion for an order compelling
disclosure or discovery pursuant to Fed. R. Civ. P. 37(a)
must be filed within 30 days after the due date of the
response. Failure to file a timely motion in accordance with
this scheduling order may constitute a waiver of the right to
file a motion to compel.
NOTE: All discovery issues should be resolved in good faith
by counsel in accordance with their obligations under the
Federal and Local Rules of Civil Procedure. Before filing any
motion relating to discovery, the parties are required to
jointly confer with the Court by telephone, 860-240-3659.
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9. Mandatory Settlement Conference: A settlement
conference will be scheduled for the month of XXXXX 2020. Any
party wishing to have a settlement conference before then is
encouraged to file a motion that reflects the views of the
other parties.
10. Joint Trial Memorandum: A joint trial memorandum in the
form described in the attached instructions will be filed on
or before XXXXX XX, 2020. Counsel signing the memorandum
must certify that it is the product of consultation between
the lawyers who will be trying the case.
11. Trial Ready Date: The case will be placed on the trial
ready list for XXXXX XX, 2020.
12. Dispositive Motions: No dispositive motion will be
filed unless a prefiling conference is requested. Any
request for a prefiling conference must be submitted in the
form of a letter to the court (with copies to all counsel of
record) briefly describing the nature and basis of the
proposed motion. No request for a prefiling conference may
be submitted unless the attorney making the request has
conferred with other counsel of record and discussed the
proposed motion in a good faith effort to clarify the issues,
eliminate or reduce the area of controversy and arrive at a
mutually satisfactory resolution. Cf. D. Conn. L. Civ. R.
37(2)(requiring counsel to confer before filing motions
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relating to discovery disputes). Any request for a prefiling
conference must include a statement that the attorney
submitting the request has conferred with other counsel and
must briefly describe the results of the conference. To be
timely, any request for a prefiling conference regarding a
motion for summary judgment must be submitted on or before
XXXXX XX, 2020. Failure to submit a timely request may
result in a waiver of the right to file a summary judgment
motion. If a summary judgment motion is filed, the joint
trial memorandum will be due 30 days after a ruling on the
motion.
Reminder: Under Fed. R. Civ. P. 56, a party may obtain
summary judgment as to a claim or defense only when there is
no genuine dispute as to any material fact and the moving
party is entitled to judgment as a matter of law. On a
motion for summary judgment, the court must assume that a
trier of fact would resolve all factual disputes in favor of
the party against whom judgment is sought. Summary judgment
is proper only when, with all permissible inferences and
credibility questions resolved in favor of the party opposing
summary judgment, a verdict in favor of that party would have
to be set aside. In deciding a motion for summary judgment,
the evidence must be viewed as a whole. However, all evidence
favorable to the party opposing the motion must be credited
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if it could be credited by a trier of fact. And evidence
supporting the moving party with regard to a disputed issue
of fact may be disregarded unless it is uncontradicted,
unimpeached and comes from a disinterested source. See Reeves
v Sanderson Plumbing Products, Inc., 530 U.S. 133, 150
(2000); Redd v New York Div. of Parole, 678 F.3d 166, 174 (2d
Cir. 2012). In presenting a motion for summary judgment, an
attorney certifies that the motion is grounded in these
principles.
13. Joint Status Reports of Counsel: A joint status report
of counsel will be submitted on or before XXXXX XX, 2020. The
report will address the matters listed in the attached
summary. Joint status reports of counsel addressing those
matters will be submitted every 90 days thereafter until the
case is resolved.
14. Status Conference: A status conference will be
conducted by telephone on XXXXX XX, 2020 at XX:XXAM.
15. Extensions of Time: All dates set forth in this order
are firm and will be extended only for good cause. The good
cause standard requires a particularized showing that despite
due diligence, the party seeking the extension could not
comply with this order. Because of the importance of the
discovery deadline to the entire schedule, and the generous
amount of time for discovery permitted by the discovery
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deadline of XXXXXX XX, 2020, motions to extend the discovery
deadline are unlikely to be granted.
Counsel will provide their clients with a copy of this
order.
It is so ordered.
Dated at Hartford, Connecticut this XX day of XXXXX,2020.
__________________________
Robert N. Chatigny
U.S. District Judge
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STATUS REPORT INSTRUCTIONS
RE: CASE NO. 3:20cvXXXX(RNC)
__________________________________
To: COUNSEL OF RECORD
__________________________________
ON OR BEFORE: JUNE X, 2020
THE PARTIES SHALL FILE WITH THE COURT A JOINT STATUS REPORT,
STATING THE FOLLOWING:
a. THE STATUS OF THE CASE, IDENTIFYING ANY PENDING OR
ANTICIPATED MOTIONS AND ANY CIRCUMSTANCES POTENTIALLY INTERFERING
WITH THE PARTIES’ COMPLAINCE WITH THE SCHEDULING ORDER, AS WELL AS
A DETAILED STATEMENT OF ALL DISCOVERY UNDERTAKEN TO DATE,
INCLUDING HOW MANYDEPOSITIONS EACH PARTY HAS TAKEN AND THE
SPECIFIC DISCOVERY THAT REMAINS TO BE COMPLETED;
b. ANY INTEREST IN REFERRAL FOR SETTLEMENT PURPOSES TO A
UNITED STATES MAGISTRATE JUDGE OR THE DISTRICT COURT’S SPECIAL
MASTERS PROGRAM;
c. WHETHER THE PARTIES WILL CONSENT TO EITHER A JURY TRIAL
OR A BENCH TRIAL BEFORE A MAGISTRATE JUDGE; AND
d. THE ESTIMATED LENGTH OF TRIAL.
BY ORDER OF THE COURT
ROBIN D. TABORA, CLERK
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Joint Trial Memorandum Instructions
The parties will jointly prepare and file for approval by the
Court a joint trial memorandum. Counsel signing the memorandum
must certify that it is the product of consultation between the
lawyers who will be trying the case. The memorandum will be in the
form prescribed by the District Court’s Standing Order Regarding
Trial Memoranda in Civil Cases (see Local Rules of Civil
Procedure), and must be certified that it is a joint product of
consultation between the lawyers trying the case, with the
following modifications:
a. Witnesses: Set forth the name and address of each
witness to be called at trial. Provide a brief summary of the
anticipated testimony of each witness and an estimate of the
probable duration of his or her testimony (e.g. less than one
hour, two to three hours, one full day). For each expert witness,
set forth the opinion to be expressed, a brief summary of the
basis of the opinion and a list of the materials on which the
witness intends to rely. If a party objects to all or any part of
the anticipated testimony of any witness, lay or expert, the
objection must be stated in this section of the joint memorandum
so that it can be addressed prior to trial.
b. Exhibits: The parties will prepare the list of exhibits
required by the Standing Order. The list must specifically
identify each exhibit by providing a brief description of the
exhibit. The exhibits will be listed in numerical order starting
with Plaintiff’s Exhibit 1 and Defendant’s Exhibit 1. If a party
has an objection with regard to a designated exhibit, the
objection must be stated in this section of the joint memorandum
or it will be waived. Each party will prepare an original set of
exhibits, plus a duplicate copy for the Court and every other
party, marked with exhibit tags provided by the Clerk. The
duplicate sets of exhibits must be submitted to the Court not
later than the day before the final pretrial conference. Counsel
will retain the original set of exhibits for use at trial.
c. Jury Instructions: In jury cases, the parties will meet
and confer for the purpose of preparing and filing tailored jury
instructions on the elements of the parties’ claims and defenses.
The proposed instructions will be submitted as an attachment to
the joint trial memorandum. If the parties cannot agree as to the
appropriateness of a particular instruction, each party must
submit a proposed instruction supported by a brief explanation of
its position, including citation to applicable authority.
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d. Anticipated Evidentiary Problems: The parties will
attach motions in limine with memoranda of law concerning any
anticipated evidentiary problems.
e. Verdict Form: In jury cases the parties will submit as
an exhibit to the joint trial memorandum a proposed verdict form
suitable for submission to a jury. The form may require the jury
to return a special verdict with special findings as permitted by
Fed. R. Civ. P. 49(a) or a general verdict with or without written
interrogatories as permitted by Fed. R. Civ. P. 49(b). If the
parties are unable to agree as to the appropriateness of a
proposed form, the objecting party must state the basis for the
objection and provide an alternative proposal.
f. Courtroom Technology: List all equipment to be used
during trial, including any equipment already installed in the
courtroom (see attached list), and any arrangements that have been
made for shared use of equipment; list any backup equipment that
will be available in the event of an equipment failure; identify
any presentation software to be used during trial, and state
whether each party is able to receive and use digital files of
presentation materials prepared by the other; and describe any
expected use of videoconferencing. Any request for Courtroom
Technology must be received by the Clerk’s office two weeks prior
to the scheduled hearing.
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NORTH COURTROOM EQUIPMENT LIST
Widescreen LCD Monitors at the following locations:
Counsel Tables
Witness Stand (Touch Annotation for marking documents)
Jury Box
Judges Bench
Lectern (Touch Annotation for marking documents)
Court Reporter
Law Clerk
46” Wall mounted LCD Displays for Gallery Viewing
Document Camera (Elmo)
Blue-Ray/DVD Player
VGA & HDMI Inputs at Lectern
VGA & HDMI Inputs at Counsel Tables
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