UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BLEECKER CHARLES COMPANY, : 00 Civ. 7827 (GEL)
Plaintiff, :
CIVIL CASE
-against- : MANAGEMENT PLAN
350 BLEECKER STREET APARTMENT :
CORPORATION,
:
Defendant,
:
-against-
:
BLEECKER PARKING CORP.,
:
Additional Counterclaim Defendant.
:
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After consultation with counsel for all parties and in the light of the peculiar circumstances of the claims and counterclaims in this action, which permit liability issues dispositive of the action to be determined upon summary judgment, the following Case Management Plan is adopted and treated as a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure:
1. This case is not to be tried by a jury.
2. Joinder of an additional party was accomplished on December 29, 2000, when defendant filed and served on defendant its pleading entitled answer and counterclaim.
3. Any amended pleadings must be filed by January 24, 2001.
4. This action is hereby bifurcated, with the issues of liability severed from the issues of remedy. The issues of liability are to be determined first.
5. The parties will attempt to resolve this matter by means of a motion and cross-motion for summary judgment prior to any discovery.
6. The parties, with the Court's approval, have agreed to stay all formal discovery until the plaintiff and defendant have briefed and submitted their proposed cross-motions for summary judgment on liability issues, for which provision is made below. All further proceedings shall await further order of the Court.
7. Plaintiff shall serve its motion for summary judgment so as to be received in hand on or before February 15, 2001.
8. Defendant shall serve its answering papers and cross-motion, if any, so as to be received in hand on or before March 15, 2001.
9. Plaintiff shall serve its reply, if any, so as to be received in hand on or before April 16, 2001.
10. Defendant shall serve its reply if any, to Plaintiff's cross-motion so as to be received in hand on or before May 15, 2001.
11. In the event that the disposition of the summary judgment motion does not determine all liability issues, all discovery on such issues shall be completed within one hundred and twenty days ( 120) from this Court's order directing that such discovery commence.
12. Except as expressly provided by this order, all motions and applications shall be governed by the Court's Individual Rules of Practice.
NEXT CASE MANAGEMENT CONFERENCE
(To be Completed by the Court)
SO ORDERED: /s/ Gerald E. Lynch
U.S.D.J
Dated: New York, NY
January 12, 2001
Approved as to form:
PROSKAUER ROSE LLP
By: /s/ Dale A. Schreiber
Dale A. Schreiber (DS-9211)
Attorneys for Plaintiff
FRIEDMAN, KRAUSS & ZLOTOLOW
By: /s/ Robert N. Fass
Robert N. Fass (RF-9140)
Attorneys for Defendant
By: __________________________
Bleecker Parking Corporation
Additional Counterclaim Defendant