Order | Filed: July 01, 2026
| Entered: July 01, 2026
CMS Distribution, LLC v. Downstate Foot And Ankle Podiatry P.C.
Contract: Other | New York Eastern
Scheduling Order
SCHEDULING ORDER: This case has been assigned to the undersigned Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23.hyperlink. The Administrative Order answers to Frequently Asked Questions about the Pilot Program.
All cases have been assigned to the Court's Electronic Case Filing Program. The parties shall file all future submissions electronically and will ONLY receive correspondence from the Court electronically. It is the responsibility of the parties to confirm that their contact information and e-mail addresses are correct at the time of filing the complaint or answer, as well as regularly monitor the status of their cases in order to avoid missing court appearances or deadlines set by the Court.
An initial conference will be held in this case on August 19, 2026 at 12:00 p.m. before United States Magistrate Judge Steven L. Tiscione by phone. Counsel for all parties must participate and are directed to connect to the conference by dialing 571-353-2301 with ID# 771869760.
Plaintiff(s) counsel is requested to confirm with defendant(s) counsel that all necessary participants are aware of this conference. In the event an answer has not yet been filed at the time this Order is received, plaintiff(s) counsel is to notify counsel for the defendant(s) of this conference as soon as an answer is filed. Plaintiff(s) counsel is to notify the undersigned, in writing, at least two days before the scheduled conference if an answer still has not been filed. Requests for adjournments will not be considered unless made in accordance with Chambers Individual Practices.
PRIOR TO THE CONFERENCE, THE PARTIES ARE TO COMPLY WITH THE REQUIREMENTS OF RULE 26(f) OF THE FED.R.CIV.P. The parties shall confer at least five business days before the initial conference to discuss the matters specified in Fed.R.Civ.P. 26(f) and 16(b); counsel shall also discuss (1) the scope of any anticipated electronic discovery, the preservation of electronically stored data, and the cost of locating, maintaining and producing that data, and (2) whether any party will rely upon expert testimony, and if so, whether counsel are able to reach an agreement on how material exchanged between counsel and any expert witness will be treated, and in particular whether draft expert reports and written and electronic communications between expert witnesses and counsel will be retained.
The parties are directed to prepare a proposed discovery plan. To assist in this process, the Court has included in this Order a "Discovery Plan Worksheet" that must be completed and submitted to the Court via ECF, at least two days prior to the conference. The Worksheet sets forth a date for completion of all discovery. The parties are directed to establish reasonable interim discovery deadlines to meet the needs of their case. At the conference, the Court will consider the parties' suggested deadlines and, upon consideration of the rules and practices of the assigned District Judge, enter an appropriate scheduling order. The parties should discuss their discovery needs thoroughly in advance of the conference so that the Court can order a realistic schedule. Once a scheduling order has been entered with the parties' input, discovery deadlines will be enforced and amendments to the schedule will be considered only for good cause.
Finally, the parties should also review the attached information sheet regarding the Court's Alternative Dispute Resolution Program.
Ordered by Magistrate Judge Steven Tiscione on 7/1/2026. (JJT)