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S.D.N.Y.Procedural orderFiled June 28, 2023

Lopez v. Marlboro Diamond Castle, LLC

Judge
Jesse Furman
Docket
1:23-cv-00875
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In Lopez v. Marlboro Diamond Castle, LLC, Judge Parker set case deadlines and discovery rules without deciding the parties’ underlying claims.

Who this affects

The plaintiff, Iliana Lopez, and Marlboro Diamond Castle, LLC, as well as their counsel, were required to follow the deadlines and discovery procedures in the scheduling order.

What happened

In Lopez v. Marlboro Diamond Castle, LLC, the parties appeared for an initial case-management conference, and the court entered a scheduling order.

The order set August 2, 2023, as the deadline to amend pleadings or join parties, October 26, 2023, as the deadline to complete fact discovery, and limited depositions to two per side. It also directed the parties to follow the court’s procedures for discovery disputes and to comply with federal discovery rules. The parties had to file a joint status letter by July 26, 2023, addressing mediation and discovery.

Judge Katharine H. Parker entered the order under Rule 16 of the Federal Rules of Civil Procedure. The order managed the case and did not decide the underlying claims.

The detailed version

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

Case
Lopez v. Marlboro Diamond Castle, LLC · No. 1:23-cv-00875
Judge
Jesse Furman
Date
June 28, 2023

Background

The opinion states that the parties appeared for an initial case-management conference on June 26, 2023. After reviewing the pleadings and consulting with the parties, the court entered a scheduling order under Rule 16 of the Federal Rules of Civil Procedure.

Scheduling and discovery requirements

The parties could amend the pleadings and join parties until August 2, 2023. After that date, further amendments or joinder required good cause. Fact discovery had to be completed by October 26, 2023, and each side was limited to two depositions.

The order directed counsel to follow the court’s individual procedures for discovery disputes and to comply with Rules 1 and 26(b)(1). It also directed counsel to understand and follow their obligations under Rules 34 and 26(g), including discussing ways to reduce disputes about overly broad or insufficiently specific document requests and responses. The court warned that noncompliance could have serious consequences. It stated that requests for all documents on a broad topic are presumptively improper and that an objection that does not adequately explain its grounds may be forfeited. The cited authority stated that discovery responses lacking specific objections and a clear indication of whether responsive materials are being withheld may waive objections other than privilege.

The parties also had to file a joint status letter by July 26, 2023, updating the court on mediation and discovery.

Disposition and effect

Judge Katharine H. Parker entered a case-management and scheduling order. The opinion does not decide the merits of the claims or rule on liability. The order affects the plaintiff and defendant by setting deadlines and governing their participation in pleadings, mediation, and discovery.

The authoritative version

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

Open opinion PDF →
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