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S.D.N.Y.Procedural orderFiled Dec. 9, 2019

Figueroa v. W.M. Barr & Company, Inc.

Judge
John Koeltl
Docket
1:18-cv-11187
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In Figueroa v. W.M. Barr & Company, Judge Parker adjusted deadlines and postponed oral argument without deciding the case.

Who this affects

Marilyn Figueroa, W.M. Barr & Company, Inc., and Figueroa’s counsel were affected by the revised deadlines, oral-argument date, discovery-request deadline, and counsel reminder.

What happened

In Figueroa v. W.M. Barr & Company, Inc., the court changed the schedule for several pending matters. Marilyn Figueroa had until December 20, 2019, to oppose the defendant’s sanctions motion, and the defendant’s reply was due January 3, 2020.

The court also extended the schedule for the defendant’s summary-judgment motion by three weeks. The defendant’s brief was due January 10, 2020; Figueroa’s opposition was due February 10, 2020; and the defendant’s reply was due February 24, 2020. Oral argument was moved from February 5 to March 10, 2020. Figueroa could also request by December 20 an extension for completing expert discovery by explaining why good cause supported the request.

Judge Katharine H. Parker reminded Figueroa’s counsel to attend court-ordered conferences and comply with court orders. The order changed deadlines and addressed counsel’s notification problem; it did not decide the sanctions motion, the summary-judgment motion, or the underlying case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Figueroa v. W.M. Barr & Company, Inc. · No. 1:18-cv-11187
Judge
John Koeltl
Date
Dec. 9, 2019

Background

The order followed a status conference in the case. The defendant had filed a motion for sanctions, and the defendant also had a pending motion for summary judgment. The order is titled an order cancelling the status conference.

Deadlines and scheduling

The court set December 20, 2019, as the deadline for Marilyn Figueroa to oppose the sanctions motion. The defendant’s reply was due January 3, 2020.

The court extended the briefing schedule for the summary-judgment motion by three weeks. The defendant’s moving brief was due January 10, 2020; Figueroa’s opposition was due February 10, 2020; and the defendant’s reply was due February 24, 2020. The oral argument scheduled for February 5, 2020, was adjourned to March 10, 2020, at 10:00 a.m.

The court also allowed Figueroa to submit a letter requesting an extension of time to complete expert discovery after the deadline, known as a retroactive request. The letter had to be filed by December 20, 2019, and had to explain why there was good cause for the extension.

Counsel reminder and disposition

Judge Katharine H. Parker reminded Figueroa’s counsel that he had to attend court-ordered conferences and comply with the court’s orders. The court also stated that counsel was responsible for checking the court’s electronic filing system and following its orders. Because counsel reported technical problems that prevented him from receiving electronic notifications, the clerk was asked to mail him a copy of the order.

This was a scheduling and case-management order. It did not rule on the sanctions motion, the summary-judgment motion, expert discovery’s merits, or the parties’ underlying claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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