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12 Civ. 0432 (LTS) (AJP)
RULE 16 IPTC SCHEDULING ORDER
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ANDREW J. PECK, United States Magistrate Judge:
Pursuant to Rule 16, Fed. R. Civ. P., IT IS HEREBY ORDERED THAT:
Any motion to join parties or amend the pleadings must be made by July 8,
All fact and expert discovery must be completed by September 30, 2013.
Expert reports must be served by August 15 plaintiff, September 9 defendant. Mandatory initial
disclosure pursuant to Rule 26(a)(1), Fed. R. Civ. P., is due June 28, 2013.
Each party will notify this Court (and the District Judge) by October 2, 2013
as to whether it intends to move for summary judgment. Summary judgment motions must be filed
by October 21, 2013 and must comply with the Federal Rules of Civil Procedure
, the Local Rules
of this Court, and the chamber rules of the District Judge to whom this case is assigned.
The parties are to submit a joint proposed pretrial order, in conformance with
the Federal Rules of Civil Procedure
, the Local Rules of this Court, and the chamber rules ofthe
District Judge to whom this case is assigned, by October 21, 2013 if neither party is moving for
summary judgment, or 30 days after decision on the summary judgment motion. The case will be
considered trial ready on 24-hours notice after the pretrial order has been submitted.
A status conference will be held before the undersigned on July 11, 2013 at
9:30A.M. in Courtroom 20D (500 Pearl Street).
The parties are directed to follow the "Individual Practices of Magistrate
Judge Andrew J. Peck," a copy of which is enclosed.
New York, New York
June 12, 2013
An rew J. Peck
United States Mag
Copies to: Christopher Walker (reg. & cert. mail)
Jonathan Israel, Esq. (ECF)
Judge Laura Taylor Swain
INDIVIDUAL PRACTICES OF MAGISTRATE JUDGE ANDREW J. PECK
Cases come before magistrate judges in one of two ways: for one or more specific
purposes pursuant to an order of reference by the assigned district judge, or, on consent of the
parties, for all purposes pursuant to 28 U.S.C. § 636(c). When a district judge approves an all(cid:173)
purposes consent form signed by counsel, the magistrate judge assumes the role of the district judge.
Any appeal is directly to the Court of Appeals and the right to a jury trial is preserved.
It is the uniform practice of the magistrate judges in this District to schedule trials
in civil consent cases for firm dates, rather than using a trailing trial calendar or requiring counsel
to be available for trial on short notice. Additionally, because magistrate judges rarely try criminal
cases, such finn trial dates are unlikely to be changed to accommodate criminal trials. Should
counsel wish to consent to have Judge Peck hear their case for all purposes, the necessary form is
available at http://www l.nysd. uscourts.gov/judge/peck.
Unless otherwise ordered by Judge Peck, matters before him shall be conducted in
accordance with the following practices. These practices are applicable to cases before Judge Peck
if the matter is within the scope of the district judge's order of reference or if the case is before Judge
Peck for all purposes pursuant to 28 U.S.C. § 636(c). Otherwise, the practices of the district judge
to whom the case is assigned apply.
1. Communications With Chambers
A. Letters. Except as otherwise provided below, communications with chambers shall be
by letter, with copies simultaneously delivered to all counseL Copies of correspondence between
counsel shall not be sent to the Court.
B. Telephone Calls. In addition to Paragraph l(D) below, telephone calls to chambers are
permitted. Formatters other than docketing, scheduling or calendaring, call chambers at 212-805-
C. Faxes. Faxes to chambers are permitted only if copies are also simultaneously faxed or
delivered to all counsel. No document longer than 15 pages may be faxed without prior
authorization. Do not follow with hard copy. The fax number is 212-805-7933.
D. Docketing, Scheduling, and Calendar Matters. For docketing, scheduling and
calendar matters, call Judge Peck's secretary, Angela Gonsowski, at 212-805-0036.
E. Requests for Adjournments or Extensions of Time. All requests for adjournments or
extensions of time must state (1) the original date, (2) the number of previous requests for
adjournment or extension, (3) whether these previous requests were granted or denied, and
( 4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to
consent. If the requested adjournment or extension affects any other scheduled dates, a proposed
Revised Scheduling Order must be attached. If the request is for an adjournment of a court
appearance, absent an emergency it shall be made at least two days prior to the scheduled
appearance. Extension requests usually will not be granted unless they are made reasonably in
advance of the date(s) sought to be extended.
A. Pre-Motion Conferences in Civil Cases. For discovery motions, follow Local Civil
Rule 37.2. For motions other than discovery motions, pre-motion conferences are not required.
B. Courtesy Copies. Courtesy copies of all motion papers, pleadings, objections and other
Court filings (including any correspondence to the District Judge), marked as such, should be
submitted for chambers, including in ECF cases. Courtesy copies are to be provided to Judge Peck's
chambers at the time the papers are served on the adversary, regardless of when the motion papers
are filed and regardless of whether the motion will be decided by Judge Peck or the District Judge.
C. Memoranda of Law. Unless prior permission has been granted, memoranda oflaw in
support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited
to 10 pages. Memoranda of 10 pages or more shall contain a table of contents.
D. Filing of Motion Papers. Motion papers shall be filed promptly after service.
E. Oral Argument on Motions. Parties may request oral argument by letter at the time
their moving or opposing or reply papers are filed. The court will determine whether argument will
be heard and, if so, will advise counsel of the argument date.
F. Briefin& Schedule. Papers in opposition to a motion are to be served 14 days after
service of the motion and reply papers (if any) 7 days thereafter, unless a different schedule has been
ordered by the Court.
3. Pretrial Procedures
A. Joint Pretrial Orders in Civil Cases. Unless otherwise ordered by the Court, within
30 days from the date for the completion of discovery in a civil case or within 30 days of decision
by the Court of a case-dispositive summary judgment motion, the parties shall submit to the court
for its approval a joint pretrial order, which shall include the information required by Federal Rule
of Civil Procedure 26(a)(3) plus the following:
i. The full caption of the action.
ii. The names, addresses (including finn names), and telephone and fax numbers
of trial counsel.
iii. A brief statement by plaintiff as to the basis of subject matter jurisdiction,
and a brief statement by each other party as to the presence or absence of subject matter
jurisdiction. Such statements shall include citations to all statutes relied on and relevant
facts as to citizenship and jurisdictional amount.
iv. A brief summary by each party of the claims and defenses that party has
asserted which remain to be tried, without recital of evidentiary matter but including
citations to all statutes relied on. Such summaries shall identify all claims and defenses
previously asserted which are not to be tried.
v. A statement by each party as to whether the case is to be tried with or without
a jury, and the number of trial days needed.
vi. A statement as to whether or not all parties have consented to trial of the case
by a magistrate judge (without identifying which parties have or have not so consented).
vii. Any stipulations or agreed statements of fact or law which have been agreed
to by all parties.
B. Filings Prior to Trial in Civil Cases. Unless otherwise ordered by the Court, each
party shall file, along with the Proposed Pretrial Order:
i. In jury cases, requests to charge and proposed voir dire questions, and where
applicable, a proposed special verdict form. The parties must submit a single, unified
set of proposed jury instructions on the law applicable to the specific case; where an
instruction is not agreed upon, the parties should indicate who is proposing the
instruction and the legal basis for the instruction and for the other party's opposition to
the instruction. In addition to the paper copy, an electronic version, in WordPerfect if
possible, must be emailed to my secretary at [email protected]
address may not be used for any other submissions absent prior Court approval.
In nonjury cases, a statement of the elements of each claim or defense
involving such party, together with a summary of the facts relied upon to establish each
iii. In all cases, motions addressing any evidentiary or other issues which should
be resolved in limine; and
In any case where such party believes it would be useful, a pretrial
v. In all cases, two sets of each party's pre-marked trial exhibits.
Copies of Judge Peck's "standard" jury instructions on the trial process and "standard" voir dire
questions are available from chambers.
4. Other Information
A. "Rocket Docket": The parties should be aware that Judge Peck runs a "rocket
docket." Discovery disputes should be brought to the Court's attention promptly; in the Court's
discretion, belated applications to compel discovery may be denied as untimely.
B. Document Production Numbering: All paper documents produced in discovery
are to be number stamped. See Douglas v. Victor Capital Group, 96 Civ. 6557, 1997 WL
716912 at *3 (S.D.N.Y. Nov. 17, 1997) (Peck, M.J.).
C. Electronic Discovery:
I endorse the "Sedona Conference Cooperation
Proclamation," available at www.TheSedonaConference.Org. Counsel also should be familiar
with my decision in William A. Gross Constr. Assocs .. Inc. v. Am. Mfrs. Mutual Ins. Co., 256
F.R.D. 134 (S.D.N.Y. 2009), and Judge Grimm's decision in Mancia v. Mayflower Textiles
Servs. Co., 253 F.RD. 354 (D. Md. 2008).
D. Orders In ECF Cases: Counsel are responsible for obtaining copies of Court
decisions and orders from the Court's PACER system in ECF cases. Chambers ordinarily will
not fax or mail hard copies of decisions and orders to counsel in ECF cases.
[AJP Rev. as of3/l/ll]