Free Order on Motion for Extension of Time - District Court of Connecticut - Connecticut

Case 3:03-cv-01016-WWE

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JULIE DILLON RIPLEY MILLER, Plaintiff, v. MERRILL LYNCH CREDIT CORP., Defendant. : : : : : : : : :

CASE NO. 3:03CV1016(RNC)

SUPERSEDING SCHEDULING ORDER After conducting a status conference, the parties' joint motion to amend the deadlines in this matter (doc. #100) is GRANTED as follows: Discovery Deadline: January 7, 2005. Motions to Compel: Any motion for an order compelling Failure All discovery, including all discovery

relating to expert witnesses, will be completed (not propounded) by

disclosure or discovery pursuant to Fed. R. Civ. P. 37(a) must be filed within 30 days after the due date of the response. to file a timely motion in accordance with this scheduling order constitutes a waiver of the right to file a motion to compel. Mandatory Settlement Conference: A settlement conference will be held with the undersigned on February 3, 2005. Any party

wishing to have a settlement conference before then is encouraged to file a motion that reflects the views of the other parties. Joint Trial Memorandum: A joint trial memorandum in the form described in the attached addendum will be filed on or before February 25, 2005. be trying the case. Trial Ready List: list for April 2005. Dispositive Motions: No dispositive motion will be filed The case will be placed on the trial ready Counsel signing the memorandum must certify

that it is the product of consultation between the lawyers who will

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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 or pro se parties) briefly describing the nature and basis of the proposed motion. Except the in cases has involving conferred pro with se parties, no request of for a prefiling conference may be submitted unless the attorney making request other counsel 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 relating to discovery disputes). Except in cases involving pro se parties, 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 December 15, 2004. Failure to submit a timely request may result in a If a

waiver of the right to file a summary judgment motion. be due 30 days after a ruling on the motion. motion shall be filed by February 25, 2005. Joint Status Reports of Counsel:

summary judgment motion is filed, the joint trial memorandum will Any dispositive

A joint status report of The

counsel will be submitted on or before December 20, 2004.

report will address the matters listed in Fed. R. Civ. P. 16(c). Joint status reports of counsel addressing those matters will be submitted every 90 days thereafter until the matter is resolved. Extensions of Time: standard requires a All dates set forth in this order are The good cause despite due showing that

firm and will be extended only for good cause. particularized

diligence, the party seeking the extension could not comply with this order. Because of the importance of the discovery deadline to the entire schedule, motions to extend the discovery deadline will be viewed with disfavor. A motion to extend the discovery deadline

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will not be granted unless the movant shows that discovery was commenced promptly and pursued with due diligence in a good faith effort to comply with the deadline established by this order. Counsel will provide their clients with a copy of this order. SO ORDERED at Hartford, Connecticut this 16th day of November, 2004.

__________/s/__________________ Donna F. Martinez United States Magistrate Judge

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Addendum Julie Dillon Ripley Miller v. Merrill Lynch Credit Corp., Case No.: 3:03CV1016 (RNC)

1.

Pursuant

to

the

pretrial

schedule

that

has

been

established for this case, the case should be ready for trial by April 2005. Counsel should inform their clients that the court

intends to try the case at that time or as soon thereafter as possible. 2. No deadline set forth in the pretrial schedule will be Motions for

extended or stayed except by order of the court.

extension of time pursuant to Fed. R. Civ. P. 6(b) and Local Civil Rule 9(b) will not be granted except for good cause. Any such

motion must be filed in writing at least five days before the deadline in question. Counsel should not assume that the filing

of a motion to dismiss will serve to extend the time for completing discovery. good cause The filing of a substantive motion will not constitute sufficient to warrant an extension of time for

completing discovery except in unusual circumstances. 3. summary Before a party files a motion to dismiss, motion for judgment or motion for partial summary judgment, a

prefiling conference will be held.

A party wishing to file such a

motion will submit a letter to chambers requesting a conference.

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No such request will be granted unless the attorney making the request has conferred with other counsel beforehand. At the

prefiling conference, consideration will be given to the timing and appropriateness of the motion, formulation and simplification of the issues encompassed by the motion, avoidance of unnecessary motion practice and other matters that might facilitate the just, speedy and inexpensive determination of the action. The conference may be conducted by telephone. 4. prepare On or before February 25, 2005, the parties will jointly 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 Provide a brief summary of the

witness to be called at trial.

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

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must be stated in this section of the joint memorandum so that it can be addressed prior to trial. b. exhibits Exhibits: by The parties will prepare the list of the Standing Order. The list must

required

specifically identify each exhibit by providing a brief description of the exhibit. The exhibits will be listed in numerical order If

starting with Plaintiff's Exhibit 1 and Defendant's Exhibit 1.

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 agreed upon jury instructions. an attachment to The proposed instructions will be submitted as the joint trial all memorandum. applicable The rules proposed of law.

instructions

should

encompass

Citations to case law or authority should be provided in footnotes. If the parties cannot agree as to the appropriateness of a

particular instruction, the objecting party must state the basis for the objection and set forth an alternative instruction.

Counsel are requested to submit the proposed instructions on disc to facilitate preparation of a final document by the Court.

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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 Rule 49(a) or a general verdict with or without written

interrogatories as permitted by Rule 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.