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Lagomanrsini v. City of Perth Amboy

June 17, 2009

ARMANDO LAGOMANRSINI, PLAINTIFF,
v.
CITY OF PERTH AMBOY, ET AL., DEFENDANTS



The opinion of the court was delivered by: Patty Shwartz United States Magistrate Judge

ORDER ON INFORMAL APPLICATION & AMENDED PRETRIAL SCHEDULING ORDER

THIS MATTER having come before the Court for a telephone status conference pursuant to Rule 16 of the Federal Rules of Civil Procedure on June 17, 2009; and the parties advising the Court that the defendant did not serve discovery demands until June 4, 2009 and the plaintiff has not served discovery demands, disclosed his expert report, or conveyed a settlement demand by the deadlines set forth in the Order dated January 27, 2009 and that depositions did not occur before the fact discovery deadline of June 10, 2009 and are not scheduled until August; and plaintiff explaining that there had been a change in personnel at the law firm; and the parties representing that they each intend to take one deposition; and the parties agreeing to the extended dates set forth herein; and the parties being notified that no further extensions that impact the dates associated with the Final Pretrial Conference will be granted;

IT IS THEREFORE on this 17th day of June, 2009

ORDERED THAT:

1. Defense counsel shall provide plaintiff's counsel with a copy of Judge Hayden's instructions for completing the final pretrial order;

2. No later than June 26, 2009, the plaintiff shall submit to Judge Hayden an order voluntarily dismissing the tort claims and any other claims he seeks to withdraw;

IT IS FURTHER ORDERED THAT:

I. COURT DATES

1. There shall be a telephone status conference before the Undersigned on TO BE SET. Plaintiff shall initiate the telephone call.

2. There will be a settlement conference before the Undersigned on July 13, 2009 at 11:30 a.m. Trial Counsel and clients with full settlement authority must attend the conference. 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.

3. A final pretrial conference shall be conducted pursuant to Fed. R. Civ. P. 16(d) on September 24, 2009 at 10:00 a.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 are to be exchanged on or before completed.

b. No later than deadline passed, the parties shall submit a proposed discovery confidentiality order and certification as required by Local Civ. R. 5.3.*fn1 No discovery may be withheld based upon a claim of confidentiality and any documents claimed to be confidential shall ...


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