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DeVincentis v. Wal-Mart Stores

October 1, 2009

JENNY DEVINCENTIS, ET AL., PLAINTIFFS,
v.
WAL-MART STORES, INC., ET AL. DEFENDANTS.



The opinion of the court was delivered by: Lois H. Goodman United States Magistrate Judge

PRETRIAL SCHEDULING ORDER IN AN ARBITRATION MATTER

THIS MATTER having come before the Court on September 24, 2009, for an initial conference pursuant to Fed. R. Civ. P. 16; Louis Christos, Esq., of Harrison & Christos, appearing on behalf of Plaintiffs, and Roberto Paglione, Esq., of McDonnell & Associates, PC, appearing on behalf of Defendant Wal-Mart Stores, Inc.; and for good cause shown,

IT IS on this 1st day of October, 2009,

ORDERED that this matter is subject to compulsory arbitration pursuant to General Rule 201.1; and it is further

ORDERED that any motion to amend the pleadings or join new parties must be filed no later than October 23, 2009, and made returnable by November 16, 2009; and it is further

ORDERED thatfact discovery is to remain open through January 30, 2010. No discovery is to be issued or engaged in beyond that date, except upon application and for good cause shown; and it is further

ORDERED that the parties shall serve any affirmative expert reports no later than March 1, 2010; and it is further

ORDERED that the parties shall serve any rebuttal expert reports no later than April 30, 2010; and it is further

ORDERED that the date in which the parties will complete all expert discovery will be determined after the Arbitration process; and it is further

ORDERED that the parties shall reserve their right to file dispositive motions until after the Arbitration process; and it is further

ORDERED that in the event either party files a request for trial de novo following the arbitration, the parties shall notify the Court within five (5) days of filing the de novo request, so that a schedule may be set for the conclusion of expert discovery and dispositive motions; and it is further

ORDERED that counsel will confer in an attempt to resolve any discovery or case management disputes before making such dispute the subject of an application to the Court. Any such dispute shall be brought to the Court's attention by letter, no more than five (5) pages in total, setting forth the nature of the dispute and any efforts to resolve it. Any response shall be similarly limited to five (5) pages in total and shall be submitted within forty-eight (48) hours of the initial letter. No discovery motion will be entertained absent leave of Court and counsel's full compliance with L. Civ. R. 37.1(a)(1); see also L. Civ. R. 16.1(f); and it is further

ORDERED that Plaintiff is to serve a settlement demand no later than October 30, 2009; and it is further

ORDERED that a telephone status conference will be conducted by the undersigned on November 23, 2009 at 9:30 am. Plaintiff is to ...


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