Fynan v. Kavulich & Associates, P.C.
- Jesse Furman
- 1:22-cv-02892
- U.S. District Court · Southern District of New York
- 6
In Fynan v. Kavulich, Judge Furman issued a scheduling order setting discovery, trial, and pretrial deadlines.
Michael Fynan, Kavulich & Associates, P.C., the other named defendants, and their counsel are subject to the case-management deadlines and procedures in the order.
What happened
Fynan v. Kavulich & Associates, P.C. is a case-management order involving Michael Fynan and Kavulich & Associates, P.C., among others. The opinion does not describe the underlying claims or the parties’ merits positions.
The order sets deadlines for initial disclosures, document requests, interrogatories, fact discovery, and possible expert discovery. It also establishes procedures for discovery disputes and settlement discussions, indicates that the case will be tried to a jury, estimates a three-day trial, and schedules the next pretrial conference for January 10, 2023. The September 8, 2022 pretrial conference was canceled.
Judge Jesse Furman entered the order on August 31, 2022. The order does not decide the underlying legal claims; it directs how the case will proceed and directs the Clerk of Court to terminate ECF No. 32.
The detailed version
- Fynan v. Kavulich & Associates, P.C. · No. 1:22-cv-02892
- Jesse Furman
- Sept. 1, 2022
Nature of the Order
This is a Civil Case Management Plan and Scheduling Order submitted by the parties under Federal Rule of Civil Procedure 26(f)(3). It governs the remaining pretrial steps in the case. The opinion does not identify the underlying claims, decide the merits, or describe the parties’ substantive arguments.
Deadlines and Discovery
The order sets October 20, 2022, as the deadline for motions to amend the pleadings or add parties, absent court permission. Initial disclosures are due September 22, 2022. Initial document requests are also due September 22, 2022, and Rule 33.3(a) interrogatories are due October 7, 2022.
All fact discovery must be completed by January 6, 2023. The order describes procedures for possible expert discovery, contention interrogatories, depositions, requests for admission, and discovery extensions. Parties must meet and confer before bringing discovery disputes to the court and must file a letter-motion if the dispute cannot be resolved.
Settlement and Trial Planning
Counsel must meet in person for at least one hour to discuss settlement within 14 days after fact discovery closes. The order states that the case is to be tried to a jury and estimates the trial will last three days. Unless the court orders otherwise for good cause, the parties must be ready for trial two weeks after filing the joint pretrial order.
The order generally does not anticipate summary-judgment practice in a non-jury case. If permitted and applicable, summary-judgment motions and motions to exclude expert testimony must be filed within 30 days after the later of the close of fact or expert discovery. The parties must submit a joint pretrial order within 30 days after discovery closes, or within 30 days after a decision on a dispositive motion if one is filed.
Court’s Action
The next pretrial conference is scheduled for January 10, 2023, at 9:00 a.m., by telephone unless the court orders otherwise. The order also states that the September 8, 2022 pretrial conference is canceled. It emphasizes that settlement efforts do not automatically pause discovery or extend deadlines, and that changes generally require a written application showing good cause. The Clerk of Court is directed to terminate ECF No. 32. Judge Jesse Furman did not rule on the underlying claims in this order.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.