SDNY case management plan for 2023 pension fund derivative suit

Revised Form D—For cases assigned to Judge Rakoff¶

Effective September 10, 2010¶

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK¶

OPERATING ENGINEERS CONSTRUCTION INDUSTRY AND MISCELLANEOUS PENSION FUND,¶

Plaintiff,¶

-v-¶

JAMES DIMON, ASHLEY BACON, LINDA B. BAMMANN, JAMES A. BELL, JOHN H. BIGGS, CRANDALL C. BOWLES, STEPHEN B. [REDACTED], TODD A. COMBS, DAVID M. COTE, JAMES S. CROWN, MARY C. ERDOES, TIMOTHY P. FLYNN, ELLEN V. FUTTER, MELLODY HOBSON, JOHN J. HOGAN, LABAN P. [REDACTED], JR., JOHN W. KESSLER, ROBERT I. LIPP, RICHARD A. MANOOGIAN, MICHAEL A. NEAL, DAVID C. NOVAK, LEE R. RAYMOND, JAMES E. STALEY, WILLIAM C. WELDON, and BARRY L. ZUBROW,¶

Defendants,¶

and¶

JPMORGAN CHASE & CO.,¶

Nominal Defendant.¶

Motion To Dismiss Manager’s Papers - 7/6 Assessments Papers - 7/20 Reply - 7/27¶

CIVIL CASE MANAGEMENT PLAN (JUDGE RAKOFF)¶

1:23 Civ. 03903 (JSR)¶

This Court requires that this case shall be ready for trial on January 19, 2024.¶

After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure.¶

• A. The case (is) (is not) to be tried to a jury.

• B. Joinder of additional parties must be accomplished by July 14, 2023.

• C. Amended pleadings may be filed without leave of Court until July 14, 2023.

• D. Defendants shall file any motion to dismiss papers by July 11, 2023. Plaintiff shall file its Opposition by July 28, 2023. Defendants shall file their Reply by August 7, 2023.

• E. Nominal Defendant JPMorgan Chase & Co. (“JPMorgan”) shall exercise best efforts to complete production of categories of documents agreed upon by the Parties by July 7, 2023. Defendants will not produce or participate in any further discovery until the Court issues a ruling on Defendants’ motion to dismiss. on August 3, 2023.

F. To the extent the Court does not include in the approved Case Management Plan item D above (which provides for limited discovery of agreed upon categories of documents pending a ruling on Defendants’ motion to dismiss), Discovery shall proceed as follows (in addition to the disclosures required by Fed. R. Civ. P. 26(a)). Otherwise, a case management conference shall be scheduled within 7 days of the Court’s ruling on Defendants’ motion to dismiss to set additional deadlines.¶

1. 1. Documents. First request for production of documents, if any, must be served by July 21, 2023. Further document requests may be served as required, but no document request may be served later than 30 days prior to the date of the close of discovery as set forth in item 6 below.
2. 2. Interrogatories. Interrogatories pursuant to Rule 33.3(a) of the Local Civil Rules of the Southern District of New York must be served by September 4, 2023. No other interrogatories are permitted except upon prior express permission of Judge Rakoff. No Rule 33.3(a) interrogatories need be served with respect to disclosures automatically required by Fed. R. Civ. P. 26(a).
3. 3. Experts. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by October 25, 2023. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by November 8, 2023. No expert testimony (whether designated as “rebuttal” or otherwise) will be permitted by other experts or beyond the scope of the opinions covered by the aforesaid disclosures except upon prior express permission of the Court, application for which must be made no later than 10 days after the date specified in the immediately preceding sentence. All experts may be deposed, but such depositions must occur within the time limit for all depositions set forth below.
4. 4. Depositions. All depositions (including any expert depositions, see item 3 above) must be completed by November 22, 2023. Unless counsel agree otherwise or the Court so orders, depositions shall not commence until all parties have completed the initial disclosures required by Fed. R. Civ. P. 26(a)(1) or until four weeks from the date of this Order, whichever is earlier. Depositions shall proceed concurrently, with no party having priority, and no deposition shall extend beyond one business day without prior leave of the Court.

for 21, 2023¶

• 5. Requests to Admit. Requests to Admit, if any, must be served by October 20, 2023.
• 6. All discovery is to be completed by November 22. 2023. Interim deadlines for items 1-5 above may be extended by the panics on consent without application to the Court, provided the parties are certain they can still meet the discovery completion date set forth in this paragraph. The discovery completion date may be adjourned only upon a showing to the Court of extraordinary circumstances, and may not be extended on consent.

G. Post-discovery summary judgment motions in the form prescribed by the Court’s Individual Rules of Practice may be brought on without further consultation with the Court provided that a Notice of any such motion, in the form specified in the Court’s Individual Rules of Practice, is filed no later than one week following the close-of-discovery date (item F-6 above/ and provided that the moving papers are served by November 29. 2023, answering papers by December 20. 2023, and reply papers by January 5. 2024. Each party must file its respective papers with the Clerk of the Court on the same date that such papers are served. Additionally, on the same date that any papers are served and filed, counsel filing and serving the papers must aln deliver courtesy non-electronic hard copies to the Courthouse for delivery to¶

H. A final pre-trial conference, as well as oral argument on any post-discovery summary judgment motions, shall be held on 1 /3 a 9 itht , at which time the Court shall set a firm trial date. The timing and other r uirements for the Joint Pretrial Order and/or other pretrial submissions shall be governed by the Court’s Individual Rules of Practice.¶

1. All motions and applications shall be governed by Judge RakofPs Individual Rules of Practice. Counsel shall promptly familiarize themselves with all of the Court’s Individual Rules, as well as with the Local Rules for the United States District Court for the Southern District of New York.

SO ORDERED.¶

DATED: New York, r rk ca) R.3¶

`QED 041 cei S. RAKOt U.S.D.J.¶