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Case 3:13-cv-00146-RNC Document 23 Filed 06/18/13 Page 1 of 9

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

LYNN ANDRUS

Plaintiff,

V.
DOONEY & BOURKE, INC., ET AL.,

Defendants.

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Case No. 3:13CV0146(RNC)

SCHEDULING ORDER REGARDING CASE MANAGEMENT PLAN

Joinder of Parties: Any motion to join parties will be

Based on the parties' report [doc. #21], the following dates
are hereby adopted as reasonable and appropriate to serve the
purposes of Fed. R. Civ. P. 1:
1. Pleadings: A response to the amended complaint will be filed
by June 21, 2013.
2.
governed by the good cause standard of Fed. R. Civ. P. 16(b).
Discovery Deadline: All discovery, including all discovery
3.
relating to expert witnesses, will be completed (not just
propounded) January 31, 2014.
Initial Disclosures: The parties will make the disclosures
4.
required by Fed. R. Civ. P. 26(a)(1) on or before June 20, 2014.
Commencement of Formal Discovery: Initial interrogatories and
5.
requests for production of documents will be served by June 1,
2013.

Case 3:13-cv-00146-RNC Document 23 Filed 06/18/13 Page 2 of 9

Discovery Relating To Expert Witnesses: An expert witness is
6.
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 intending to call
such a 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). All such expert reports will be disclosed by
plaintiff on or before September 20, 2013, and any such experts
will be deposed on or before January 31, 2014. All such expert
reports will be disclosed by defendant on or before October 30,
2013, and any such experts will be deposed by January 31, 2014.
7. Damages Analysis: Any party with a claim or counterclaim for
damages will serve a damage analysis on or before September 20,
2013.
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

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Case 3:13-cv-00146-RNC Document 23 Filed 06/18/13 Page 3 of 9

to discovery, the parties are required to jointly confer with the
Court by telephone, 860-240-3659.
Mandatory Settlement Conference: A settlement conference will
9.
be scheduled for the month of February 2014. 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 Joint Trial Memorandum Instructions will
be filed on or before April 25, 2014. 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 June 2014.
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 or pro se parties)
briefly describing the nature and basis of the proposed motion.
Except in cases involving pro se parties, 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)

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Case 3:13-cv-00146-RNC Document 23 Filed 06/18/13 Page 4 of 9

(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, 2013. 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.
13. Joint Status Reports of Counsel: A joint status report of
counsel will be submitted on or before July 17, 2013. 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 October 29, 2013 at 11:30AM.
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, motions to extend the discovery deadline will

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Case 3:13-cv-00146-RNC Document 23 Filed 06/18/13 Page 5 of 9

be viewed with disfavor. A motion to extend the discovery deadline
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.
It is so ordered.

Dated at Hartford, Connecticut this 17th day of June 2013.

/s/ RNC
Robert N. Chatigny, U.S.D.J.

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Case 3:13-cv-00146-RNC Document 23 Filed 06/18/13 Page 6 of 9

STATUS REPORT INSTRUCTIONS

RE: CASE NO. 3:13cv0146(RNC)
____________________________
TO: COUNSEL OF RECORD:
_____________________________
ON OR BEFORE July 17, 2013,

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' COMPLIANCE WITH THE SCHEDULING ORDER, AS WELL AS
A DETAILED STATEMENT OF ALL DISCOVERY UNDERTAKEN TO DATE, INCLUDING
HOW MANY DEPOSITIONS 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

Case 3:13-cv-00146-RNC Document 23 Filed 06/18/13 Page 7 of 9

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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Case 3:13-cv-00146-RNC Document 23 Filed 06/18/13 Page 8 of 9

Anticipated Evidentiary Problems: The parties will
attach motions in limine with memoranda of law concerning any
anticipated evidentiary problems.

d.

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.

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Case 3:13-cv-00146-RNC Document 23 Filed 06/18/13 Page 9 of 9

Courtroom 3 Equipment List

Widescreen LCD Monitors at the following locations:

Counsel Tables
Witness Stand (Touch Annotation for marking documents)
Jury Box
Judge's Bench
Lectern (Touch Annotation for marking documents)
Court Reporter
Law Clerk

46" Wall mounted LCD Displays for Gallery Viewing
Document Came(Elmo)
Blu-Ray/DVD Player
VGA & HDMI Inputs at Lectern
VGA & HDMI Inputs at Counsel Tables

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