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Nekouee v. LVP Depaul, LLC

United States District Court, E.D. Missouri, Eastern Division

June 20, 2018

FRED NEKOUEE, Plaintiff,
v.
LVP DEPAUL, LLC, Defendant.

          MEMORANDUM AND ORDER

          SHIRLEY PADMORE MENSAH UNITED STATES MAGISTRATE JUDGE.

         This matter is before the Court on the Motion for Amendment of Case Management Order filed by Defendant LVP DePaul, LLC. (Doc. 54). Defendant notes in its motion that it has filed a third-party complaint against Panera, LLC, and that Panera's answer is due July 23, 2018. Defendant also indicates that it may be filing a motion to consolidate this case with two others. Defendant requests that the Court amend the current Amended Case Management Order to extend the deadlines in it to allow the parties time to explore the possibility of consolidation and to allow Panera to have input into the scheduling order. The Court held a telephone status conference to discuss the motion and the current status of the case on June 19, 2018. Pursuant to that discussion, IT IS HEREBY ORDERED that the Motion for Amendment of Case Management Order filed by Defendant LVP DePaul, LLC (Doc. 54) is GRANTED.

         IT IS FURTHER ORDERED that the discovery deadlines in the Amended Case Management Order are STAYED pending the completion of a scheduling conference attended by Panera and the issuance of a Second Amended Case Management Order. The stay of the deadlines does not prevent the parties from continuing to engage in discovery consistent with the Federal Rules of Civil Procedure.

         IT IS FURTHER ORDERED that the deadline for completion of alternative dispute resolution is STAYED pending the completion of a scheduling conference attended by Panera and the issuance of a Second Amended Case Management Order.

         IT IS FINALLY ORDERED that:

         1. Scheduling Conference: A Scheduling Conference pursuant to Rule 16, Fed.R.Civ.P., is set for Wednesday, August 20, 2018, at 11:00 A.M. in the chambers of the undersigned, 13-South. Any counsel may participate in the conference by telephone, if counsel notifies the office of the undersigned of his or her intent to do so at least twenty-four (24) hours in advance of the scheduled conference. At the scheduling conference counsel will be expected to discuss in detail all matters covered by Rule 16, Fed.R.Civ.P., as well as all matters set forth in their joint proposed scheduling plan described in paragraph 3, and a firm and realistic trial setting will be established at or shortly after the conference.

         2. Meeting of Counsel: Prior to the date for submission of the joint proposed scheduling plan set forth in paragraph 3 below, counsel for the parties shall meet to discuss the following: the nature and basis of the parties' claims and defenses, the possibilities for a prompt settlement or resolution of the case, the formulation of a discovery plan, and other topics listed below or in Rule 16 and Rule 26(f), Fed.R.Civ.P. Counsel will be asked to report orally on the matters discussed at this meeting when they appear before the undersigned for the scheduling conference, and will specifically be asked to report on the potential for settlement; whether settlement demands or offers have been exchanged, without revealing the content of any offers or demands; and, suitability for Alternative Dispute Resolution. This meeting is expected to result in the parties reaching agreement on the form and content of a joint proposed scheduling plan as described in paragraph 3 below.

         Only one proposed scheduling plan may be submitted in any case, and it must be signed by counsel for all parties. It will be the responsibility of counsel for the plaintiff to actually submit the joint proposed scheduling plan to the Court. If the parties cannot agree as to any matter required to be contained in the joint plan, the disagreement must be set out clearly in the joint proposal, and the Court will resolve the dispute at or shortly after the scheduling conference.

         3. Joint Proposed Scheduling Plan: No later than Wednesday, August 15, 2018, counsel shall file with the Clerk of the Court a joint proposed scheduling plan. All dates required to be set forth in the plan shall be within the ranges set forth below for the applicable track:

Track 1: Expedited

Track 2: Standard

Track 3: Complex

*Disposition w/i 12 mos of filing

*Disposition w/i 18 mos of filing

*Disposition w/i 24 mos of filing

*120 days for discovery

*180-240 days from R16 Conf. for discovery/dispositive motions

*240-360 days from R16 Conf for discovery/dispositive motions

         The parties' joint proposed scheduling plan shall include:

         (a) whether the Track Assignment is appropriate;

         NOTE: This case has been assigned to Track ...


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