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Contract: Other | New York Southern
Scheduling Order
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. Given the extended fact discovery schedule, no party should expect an extension of these deadlines. The B & H Parties contend that any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order and EarthCam and DeVia contend that such a motion shall be filed by November 27, 2026. As discussed on the record, the Court will not refer the matter to mediation absent the consent of all parties, but the parties are free at any time to request a referral to mediation or Judge Parker for an additional settlement conference. No party may amend the pleadings as a matter of right. Any request to amend must be made by motion, seeking leave of the Court and addressing the relevant factors. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 5-7 trial days. As discussed at the July 8, 2026 Conference, the Court's adoption of this Order is for purposes of setting a schedule in this case and is not an endorsement or adoption of any legal argument raised herein by the parties or a recognition that any reservation of rights is legally effective. Fact Discovery due by 11/27/2026. Case Management Conference set for 12/22/2026 at 09:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 7/10/2026) (mml)
SCHEDULING ORDER: DeVia's letter-motion challenging the Court's subject-matter jurisdiction over the claimsagainst him shall be due on or before July 29, 2026, in a letter-brief of no more than 10 pages. EarthCam's opposition letter-brief shall be due on or before August 19, 2026, likewise of no more than 10 pages. The letters should address the procedural posture as well as the substance. After receiving both letters, the Court will determine whether a reply brief or oral argumentwould aid the Court in addressing the motion, as further set forth. It is hereby ORDERED that if Dilkes has not appeared by August 14, 2026, then by August 21, 2026, Defendant EarthCam must file any motion for default judgment in accordance with the Court's Individual Rules & Practices. This motion shall be for purposes of establishing liability, only, with damages (if any) to be determined a later date. It is further ORDERED that Dilkes shall file any opposition to any motion for default judgment by September 4, 2026. EarthCam, Inc. shall serve a copy of this Order on Dilkes or his counsel in this matter, if known, by mail delivery service that provides delivery confirmation and/or by in-person service within two business days from the date of this Order, and shall file proof of such service within three business days of the date of this Order. If the motion for default judgment is filed, EarthCam shall serve the motion papers on Dilkes via the same methods by August 25, 2026, and shall file proof of such service by August 26, 2026. Motions due by 8/21/2026. Responses due by 9/4/2026. (Signed by Judge Margaret M. Garnett on 7/10/2026) (mml)
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