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Case 2:12-cv-05494-FSH-PS Document 7 Filed 11/28/12 Page 1 of 4 PageID: 64

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

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DR. MARC COHEN

Plaintiff

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AETNA INSURANCE

Defendant

v.





Civil Action No. 12-5494(FSH)

PRETRIAL SCHEDULING ORDER


THIS MATTER having come before the Court for a scheduling conference pursuant to Rule

16 of the Federal Rules of Civil Procedure on November 27, 2012; and for good cause shown,

IT IS on this 27th day of November, 2012

ORDERED THAT the defendant shall ensure that the dismissal order including AETNA is

entered on the docket;

IT IS FURTHER ORDERED THAT:

I. COURT DATES

1.

There shall be a telephone status conference before the Undersigned on January 25,

2013 at 10:00 a.m. Plaintiff shall initiate the telephone call.

2.

a. Defendant shall convey a settlement demand no later than December 15, 2012.

b. There will be a settlement conference before the Undersigned on TO BE SET.

c. Trial counsel and clients with full settlement authority are required to appear at the
conference and they shall confirm their availability to appear on the date of the conference by filing a
letter no later than TO BE SET. Absent exceptional, unforeseen personal circumstances, the confirmed
settlement conference will not be adjourned.

d. If the trial counsel and client with full settlement authority do not appear, the
settlement conference may be cancelled or rescheduled and the noncompliant party and/or attorney may
be sanctioned, which may include an assessment of the costs and expenses incurred by those parties who
appeared as directed.

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3.

The final pretrial conference shall be conducted pursuant to Fed. R. Civ. P. 16(d) on
May 15, 2013 at 1:00 p.m. The Final Pretrial Conference will occur even if there are dispositive
motions pending. The Court will adjourn the Final Pretrial conference only if the requesting party
makes a compelling showing that manifest injustice would otherwise result absent adjournment.

II. DISCOVERY AND MOTION PRACTICE

4.

a. Fed. R. Civ. P. 26 disclosures, including the administrative record, exemplar
explanation of benefit form for two radio frequencies codes and proof of exhaustion are to be exchanged
on or before January 15, 2013.

b. No later than December 4, 2012, the parties shall submit a proposed discovery

confidentiality order and certification as required by Local Civ. R. 5.3 .1

c. All documents shall be treated as confidential until the Discovery Confidentiality

Order is entered.

5.

Discovery necessary to engage in meaningful settlement discussions: Rule 26 disclosures

and will be produced by January 15, 2013.

6.

The parties may serve interrogatories limited to - - single questions including
subparts and requests for production of documents on or before - -, which shall be responded to no later
than- - .

7.

The number of depositions to be taken by each side shall not exceed - - . No objections
to questions posed at depositions shall be made other than as to lack of foundation, form or privilege.
See Fed. R. Civ. P. 32(d) (3) (A). No instruction not to answer shall be given unless a privilege is
implicated. The depositions are to be completed no later than - -.

8.

Fact discovery is to remain open through - - . No discovery

is to be issued or engaged in beyond that date, except upon application and for good cause shown.

9.

Counsel shall confer in-person or via telephone in a good faith attempt to informally
resolve any and all discovery disputes before seeking the Court’s intervention. Should such informal
effort fail to resolve the dispute, the matter shall be brought to the Court's attention via a joint letter that
sets forth: (a) the request, (b) the response; (c) efforts to resolve the dispute; (d) why the complaining
party believes the information is relevant and why the responding party’s response continues to be
deficient; and (e) why the responding party believes the response is sufficient. No further submissions
regarding the dispute may be submitted without leave of Court. If necessary, the Court will thereafter
schedule a telephone conference to resolve the dispute.

No discovery motion or motion for sanctions for failure to provide discovery shall be filed

before utilizing the procedures set forth in these paragraphs without prior leave of Court.

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If a party seeks to file under seal information submitted in connection with a request for non-
discovery relief, then the party shall: (1) consult Local Civ. R. 5.3 and (2) contact the Chambers of
the Undersigned for instructions regarding the format for presenting such a motion.

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Case 2:12-cv-05494-FSH-PS Document 7 Filed 11/28/12 Page 3 of 4 PageID: 66

Any unresolved discovery disputes (other than those that arise during depositions) must
be brought before the Court no later than January 28, 2013 at 3:00 p.m. The Court will not entertain
applications concerning discovery matters, informally or otherwise, after this date. If an unresolved
dispute arises at a deposition, then the parties shall contact the Chambers of the Undersigned for
assistance during the deposition. Failure to seek court-intervention during depositions for deposition
disputes shall constitute a waiver of the right to seek relief.

10. The Amended Complaint shall be filed no later than December 11, 2012.

11.

All dispositive cross-motions shall be discussed in advance of filing with the Undersigned
either in person or by teleconference. Any and all dispositive motions must be filed no later than
February 22, 2013. No pretrial dispositive motions will be entertained after that date. Any responses
shall be submitted no later than March 11, 2013. No replies are permitted . All motions must comply
with Local Rule 7.1. In addition, all summary judgment submissions must comply with L. Civ. R. 56.1
and the submissions must include a certification from counsel stating that the submission complies with
Rule 56.1. The return date shall be March 18, 2013 before the Hon. Faith S. Hochberg. Her Honor’s
chambers will advise the parties if oral argument will be required.

III. EXPERTS

12.

13.

All affirmative expert reports shall be delivered by none.

All responding expert reports shall be delivered by none.

14.

a. All expert reports are to be in the form and content as required by Fed. R. Civ. P. 26(a)
(2)(B). No expert shall testify at trial as to any opinions or base those opinions on facts not substantially
disclosed in the experts report.

b. All expert depositions shall be completed by none.

c. Daubert motions shall be filed no later than none.

IV. FINAL PRETRIAL CONFERENCE

15.

The final pretrial conference shall be conducted pursuant to Fed. R. Civ. P. 16(d) on
May 15, 2013 at 1:00 p.m. The final pretrial conference will occur even if dispositive motions are
pending. The Court will adjourn the Final Pretrial conference only if the requesting party makes a
compelling showing that manifest injustice would otherwise result absent adjournment.

16.

Not later than 20 working days before the pretrial conference, the parties shall exchange
copies of all proposed trial exhibits. Each exhibit shall be pre-marked with an exhibit number
conforming to the party’s exhibit list.

17.

All counsel are directed to assemble at the office of Plaintiff's counsel not later than ten
(10) days before the pretrial conference to prepare the proposed Joint Final Pretrial Order in the form
and content required by the Court. Plaintiff's counsel shall prepare the Joint Pretrial Order and shall
submit it to all other counsel for approval and execution.

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18. With respect to non-jury trials, each party shall submit to the District Judge and to
opposing counsel proposed Findings of Fact and Conclusions of Law, trial briefs and any hypothetical
questions to be put to an expert witness on direct examination.

19.

The original of the Final Pretrial Order shall be delivered to the CHAMBERS of the
Undersigned no later than May 7, 2013 at 3:00 p.m. All counsel are responsible for the timely
submission of the Pretrial Order.

20.

The Court expects to engage in meaningful settlement discussions at the final pretrial
conference. Therefore, trial counsel who actually has full settlement authority must attend the conference
and clients or other persons with full settlement authority must be available by telephone.

V. MISCELLANEOUS

21.

The Court may from time to time schedule conferences as may be required, either sua

sponte or at the request of a party.

22.

Since all dates set forth herein are established with the assistance and knowledge of
counsel, there will be no extensions except for good cause shown and by leave of Court, even with
consent of all counsel. Any request to extend any deadline or to adjourn a court event shall be made no
later than three days before the scheduled date and shall reflect: (1) the good cause the requesting party
believes supports the extension or adjournment and (2) whether or not all parties consent to the request.
Absent unforeseen emergent circumstances, the Court will not entertain requests to extend deadlines that
have passed as of the date of the request.

23.

A copy of every pleading, document or written communication with the Court shall be
served on all other parties to the action. Any such communication which does not recite or contain a
certification of such service may be disregarded by the Court.

24.

Absent permission from Chambers, communications to the Court by facsimile will not

be accepted. All communications to the Court shall be in writing or by telephone conference.

25.

FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT

IN SANCTIONS.

s/Patty Shwartz
UNITED STATES MAGISTRATE JUDGE

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