Preview
FILED: WESTCHESTER COUNTY CLERK 04/10/2023 05:02 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1596 RECEIVED NYSCEF: 04/10/2023
EXHIBIT A
FILED: WESTCHESTER COUNTY CLERK 04/10/2023 05:02 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1596 RECEIVED NYSCEF: 04/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
PAMELA GOLDSTEIN,
ELLYN & TONY BERK, as
Administrators of the Estate of Winifred Index No. 60767/2018
Berk, and PAUL BENJAMIN, on behalf of
themselves and all others similarly Hon. Linda S. Jamieson
situated,
Plaintiffs, [PROPOSED] CASE
MANAGEMENT PLAN
v.
HOULIHAN/LAWRENCE INC.,
Defendant.
WHEREAS, on January 25, 2022, the Court granted Class Plaintiffs’ motion
for class certification and directed the parties to appear for a conference on
February 3, 2022 to discuss a schedule for the completion of all pre-trial
proceedings, including disclosure (Dkt. 1072);
WHEREAS, following the parties unsuccessful attempts to negotiate a joint
proposed case management plan, the Discovery Referee set a December 31, 2022
deadline for the substantial completion of all fact based merits discovery (Dkt.
1356);
WHEREAS, on June 10, 2022, following a series of discovery disputes, the
Discovery Referee warned the parties, “[t]he December 31, 2022 deadline was not
arbitrary when initially set, nor arbitrary now,” and directed them to “proceed with
the expectation that there will not be any extraordinary delay of this litigation or
substantial relief from existing discovery deadlines” (Dkt. 1356);
FILED: WESTCHESTER COUNTY CLERK 04/10/2023 05:02 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1596 RECEIVED NYSCEF: 04/10/2023
WHEREAS, despite that warning, the parties continued to litigate serial
discovery disputes before the Discovery Referee, which “resulted in substantial
delay and expense” and ultimately prevented the substantial completion of fact
based merits discovery by the December 31, 2022 deadline;
WHEREAS, on December 19, 2022, the Discovery Referee directed the
parties to meet and confer regarding a new case management plan and report back
to the Court (Dkt. 1496);
WHEREAS, on December 20, 2022, upon learning of the continuing “unique
and unfortunate discovery dysfunction” in this case, the Court warned the parties,
“The Court will not tolerate more delay” (Dkt. 1498);
WHEREAS, the parties thereafter met and conferred in another
unsuccessful attempt to agree on a joint proposed case management plan;
WHEREAS, on April 11, 2023, the Court held a conference with the parties to
discuss their proposed case management plans;
NOW, upon consideration of the parties’ proposed case management plans,
the “unfortunate fractious discovery proceedings to date” (Dkt. 1569), the
“significant public interest” in this four-plus year old case (Dkt. 1356), and the oral
representations by counsel during the April 11, 2023 conference; it is hereby
ORDERED, that the following case management plan shall govern the
remainder of this case:
DISCOVERY SCHEDULE
1. All fact discovery shall be completed no later than May 23, 2023.
2
FILED: WESTCHESTER COUNTY CLERK 04/10/2023 05:02 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1596 RECEIVED NYSCEF: 04/10/2023
2. The parties shall conduct depositions in accordance with the
limitations set by 22 NYCRR § 202.70(g), Rule 11-d.
3. All expert witnesses shall be identified (with resumes and a
brief description of their anticipated testimony) no later than May 2, 2023.
4. All expert discovery, including reports, production of underlying
documents, and depositions, shall be completed no later than August 15,
2023.
5. All expert reports shall be submitted no later than June 20,
2023.
6. All rebuttal expert reports shall be submitted no later than
July 18, 2023.
7. All expert witness depositions shall be completed no later than
August 15, 2023.
8. The Note of Issue and Certificate of Readiness shall be filed by
Class Plaintiffs on August 17, 2023.
DISCOVERY DISPUTES
9. Given the substantial completion of merits document
discovery and the “unfortunate fractious discovery” disputes (Dkt. 1569)
that continue to delay resolution of this case, this case no longer requires
nor benefits from a full-time discovery master. Accordingly, the Court
hereby terminates the appointment of William P. Harrington, Esq., who
has served as the discovery master since May 15, 2019 (Dkt. 547).
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FILED: WESTCHESTER COUNTY CLERK 04/10/2023 05:02 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1596 RECEIVED NYSCEF: 04/10/2023
10. In the case of further discovery disputes, any party wishing to
raise a discovery dispute with the Court must first confer in good faith with
the opposing party, in person or by telephone, in an effort to resolve the
dispute. If this meet-and-confer process does not resolve the dispute, the
party may submit a letter to the Court, no longer than three pages,
explaining the nature of the dispute and requesting an informal conference.
Such a letter must include a representation that the meet-and-confer
process occurred and was unsuccessful. If the opposing party wishes to
respond to the letter, it must submit a responsive letter, not to exceed three
pages, within three business days after the request is received. Counsel
should be prepared to discuss with the Court the matters raised by such
letter, as the Court will seek to resolve discovery disputes quickly, by order,
by conference, or by telephone.
SUMMARY JUDGMENT SCHEDULE
11. All summary judgment motions shall be filed no later than
September 15, 2023, with any oppositions due on October 13, 2023, and any
replies in further support due on October 27, 2023.
PRE-TRIAL CONFERENCE
12. The pre-trial conference shall be held on November 10, 2023 and
conducted in accordance with the Court’s Part Rules.
TRIAL DATE
13. This case is to be tried to a jury.
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FILED: WESTCHESTER COUNTY CLERK 04/10/2023 05:02 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1596 RECEIVED NYSCEF: 04/10/2023
14. The trial shall commence on December 1, 2023.
NO FURTHER ADJOURNMENTS
15. There shall be no further adjournments for any reason.
Dated: White Plains, New York
____________ , 2023
IT IS SO ORDERED
__________________________________
Hon. Linda S. Jamieson, J.S.C.
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Preview
FILED: WESTCHESTER COUNTY CLERK 04/10/2023 05:02 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1596 RECEIVED NYSCEF: 04/10/2023 EXHIBIT A FILED: WESTCHESTER COUNTY CLERK 04/10/2023 05:02 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1596 RECEIVED NYSCEF: 04/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER PAMELA GOLDSTEIN, ELLYN & TONY BERK, as Administrators of the Estate of Winifred Index No. 60767/2018 Berk, and PAUL BENJAMIN, on behalf of themselves and all others similarly Hon. Linda S. Jamieson situated, Plaintiffs, [PROPOSED] CASE MANAGEMENT PLAN v. HOULIHAN/LAWRENCE INC., Defendant. WHEREAS, on January 25, 2022, the Court granted Class Plaintiffs’ motion for class certification and directed the parties to appear for a conference on February 3, 2022 to discuss a schedule for the completion of all pre-trial proceedings, including disclosure (Dkt. 1072); WHEREAS, following the parties unsuccessful attempts to negotiate a joint proposed case management plan, the Discovery Referee set a December 31, 2022 deadline for the substantial completion of all fact based merits discovery (Dkt. 1356); WHEREAS, on June 10, 2022, following a series of discovery disputes, the Discovery Referee warned the parties, “[t]he December 31, 2022 deadline was not arbitrary when initially set, nor arbitrary now,” and directed them to “proceed with the expectation that there will not be any extraordinary delay of this litigation or substantial relief from existing discovery deadlines” (Dkt. 1356); FILED: WESTCHESTER COUNTY CLERK 04/10/2023 05:02 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1596 RECEIVED NYSCEF: 04/10/2023 WHEREAS, despite that warning, the parties continued to litigate serial discovery disputes before the Discovery Referee, which “resulted in substantial delay and expense” and ultimately prevented the substantial completion of fact based merits discovery by the December 31, 2022 deadline; WHEREAS, on December 19, 2022, the Discovery Referee directed the parties to meet and confer regarding a new case management plan and report back to the Court (Dkt. 1496); WHEREAS, on December 20, 2022, upon learning of the continuing “unique and unfortunate discovery dysfunction” in this case, the Court warned the parties, “The Court will not tolerate more delay” (Dkt. 1498); WHEREAS, the parties thereafter met and conferred in another unsuccessful attempt to agree on a joint proposed case management plan; WHEREAS, on April 11, 2023, the Court held a conference with the parties to discuss their proposed case management plans; NOW, upon consideration of the parties’ proposed case management plans, the “unfortunate fractious discovery proceedings to date” (Dkt. 1569), the “significant public interest” in this four-plus year old case (Dkt. 1356), and the oral representations by counsel during the April 11, 2023 conference; it is hereby ORDERED, that the following case management plan shall govern the remainder of this case: DISCOVERY SCHEDULE 1. All fact discovery shall be completed no later than May 23, 2023. 2 FILED: WESTCHESTER COUNTY CLERK 04/10/2023 05:02 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1596 RECEIVED NYSCEF: 04/10/2023 2. The parties shall conduct depositions in accordance with the limitations set by 22 NYCRR § 202.70(g), Rule 11-d. 3. All expert witnesses shall be identified (with resumes and a brief description of their anticipated testimony) no later than May 2, 2023. 4. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than August 15, 2023. 5. All expert reports shall be submitted no later than June 20, 2023. 6. All rebuttal expert reports shall be submitted no later than July 18, 2023. 7. All expert witness depositions shall be completed no later than August 15, 2023. 8. The Note of Issue and Certificate of Readiness shall be filed by Class Plaintiffs on August 17, 2023. DISCOVERY DISPUTES 9. Given the substantial completion of merits document discovery and the “unfortunate fractious discovery” disputes (Dkt. 1569) that continue to delay resolution of this case, this case no longer requires nor benefits from a full-time discovery master. Accordingly, the Court hereby terminates the appointment of William P. Harrington, Esq., who has served as the discovery master since May 15, 2019 (Dkt. 547). 3 FILED: WESTCHESTER COUNTY CLERK 04/10/2023 05:02 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1596 RECEIVED NYSCEF: 04/10/2023 10. In the case of further discovery disputes, any party wishing to raise a discovery dispute with the Court must first confer in good faith with the opposing party, in person or by telephone, in an effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute, the party may submit a letter to the Court, no longer than three pages, explaining the nature of the dispute and requesting an informal conference. Such a letter must include a representation that the meet-and-confer process occurred and was unsuccessful. If the opposing party wishes to respond to the letter, it must submit a responsive letter, not to exceed three pages, within three business days after the request is received. Counsel should be prepared to discuss with the Court the matters raised by such letter, as the Court will seek to resolve discovery disputes quickly, by order, by conference, or by telephone. SUMMARY JUDGMENT SCHEDULE 11. All summary judgment motions shall be filed no later than September 15, 2023, with any oppositions due on October 13, 2023, and any replies in further support due on October 27, 2023. PRE-TRIAL CONFERENCE 12. The pre-trial conference shall be held on November 10, 2023 and conducted in accordance with the Court’s Part Rules. TRIAL DATE 13. This case is to be tried to a jury. 4 FILED: WESTCHESTER COUNTY CLERK 04/10/2023 05:02 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1596 RECEIVED NYSCEF: 04/10/2023 14. The trial shall commence on December 1, 2023. NO FURTHER ADJOURNMENTS 15. There shall be no further adjournments for any reason. Dated: White Plains, New York ____________ , 2023 IT IS SO ORDERED __________________________________ Hon. Linda S. Jamieson, J.S.C. 5