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Cohen & Cohen Realty, LLC v. Food Industry/Merchants

December 7, 2009

COHEN & COHEN REALTY, LLC PLAINTIFF
v.
FOOD INDUSTRY/MERCHANTS DEFENDANT



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

SCHEDULING ORDER IN AN ARBITRATION CASE

THIS MATTER having come before the Court for a scheduling conference pursuant to Rule 16 of the Federal Rules of Civil Procedure on December 7, 2009; and for good cause shown,

IT IS on this 7th day of December, 2009

ORDERED THAT:

I. ARBITRATION

1. This matter is subject/referred to arbitration pursuant to Local R. Civ. P. 201.1. Counsel will receive further instructions and guidelines regarding arbitration directly from the Clerk of the Court. Arbitration shall commence no sooner than June 18, 2010 unless dispositive motions are pending.

II. COURT DATES

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

3. Absent a request to convert to a telephone conference because the motions to dismiss is pending, there will be a settlement conference before the Undersigned on February 23, 2010 at 11:00 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.

III. DISCOVERY AND MOTION PRACTICE

4. Fed. R. Civ. P. 26 disclosures and discovery disclosed in the state case are to be exchanged on or before January 8, 2010.

5. Events necessary to engage in meaningful settlement discussions: resolution of the motion to dismiss.

6. The parties may serve interrogatories limited to 20 single questions including subparts and requests for production of documents on or before January 15, 2010, which shall be responded to no later than February 15, 2010 .

7. The number of depositions to be taken by each side shall not exceed 4. 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 ...


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