Order | Filed: July 11, 2026
| Entered: July 11, 2026
State of New York et al v. Richmond Associates LP
Environmental Matters | New York Eastern
~Util - Set Hearings
SCHEDULING ORDER: In light of the extension of dates ordered by Judge Wicks, the parties shall comply with the following modified schedule of deadlines and hearings in front of Judge Choudhury:
The parties are notified that any party seeking to exclude the testimony of an expert pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases shall file a letter requesting a pre-motion conference on the anticipated motion by February 12, 2027. See Individual Rule 5.1.
The parties are required to participate, in good faith, in a settlement conference before the assigned magistrate judge prior to initiating any motion to limit expert testimony or motion for summary judgment under Fed. R. Civ. P. 56 or, if no such motions are pursued, filing any proposed Joint Pre-Trial Order. See Individual Rule 5.1.1 & 7.1. The parties are required to attend the settlement conference in-person or via video and must plan ahead in order to ensure that this settlement conference occurs before any deadline set by Magistrate Judge Wicks or the undersigned for filing a summary judgment motion or the Joint Pre-Trial Order. Failure to request and attend such a conference precludes a party from filing a motion for summary judgment pursuant to Fed. R. Civ. P. 56.
Counsel for the parties shall appear via Zoom for a status conference before Judge Nusrat J. Choudhury on March 12, 2027 at 11am. The Court will provide a Zoom invitation to counsel closer to the conference date. Counsel for the parties shall be prepared to discuss trial dates and the arguments set forth in any letters requesting a pre-motion conference on anticipated Daubert and dispositive motions. This Zoom conference will be a public proceeding; nonparties are welcome to attend via telephone. To receive a telephone invitation, nonparties may contact Judge Choudhury's Chambers at (631) 712-5660.
The parties must work with Magistrate Judge Wicks to ensure the proper and timely filing of the joint pre-trial order and any motions in limine in accordance with the Court's Individual Rules. See Individual Rule 7.
Ordered by Judge Nusrat J. Choudhury on 7/11/2026. (JAG)
Minutes | Filed: July 09, 2026
| Entered: July 09, 2026
State of New York et al v. Richmond Associates LP
Environmental Matters | New York Eastern
Discovery Hearing 1 - Terminate Deadlines and Hearings ~Util - Set Hearings
Electronic Minute Order for a Discovery Conference held on July 9, 2026, before Magistrate Judge James M. Wicks.
APPEARANCES:
- Ashley Gregor, Esq., and Jennifer Simon, Esq., on behalf of the Plaintiffs.
- Laurie Bloom, Esq., on behalf of the Defendants.
THE FOLLOWING RULINGS WERE MADE:
For the reasons stated on the record, the parties' joint Motion for Extension of Time to Complete Discovery (ECF No. 21 ) is GRANTED, in part, and DENIED, in part. The discovery schedule is amended as follows:
(i) Completion of all fact discovery is extended to October 6, 2026.
(ii) Motions to join new parties or amend the pleadings is extended to October 20, 2026.
(iii) Identification of case in chief experts and service of Rule 26 disclosures is extended to November 6, 2026.
(iv) Identification of rebuttal experts and service of Rule 26 disclosures is extended to December 4, 2026.
(v) The close of all discovery, including expert discovery, is extended to December 31, 2026.
(vi) The date by which the parties shall file a joint Status Report advising the court on whether the parties will be proceeding with Summary Judgment or trial, pursuant to the Individual Practice Rules of the Hon. Nusrat J. Choudhury, is extended to January 15, 2027.
(vii) The final date by which the parties shall take the first step in summary judgment motion practice is extended to February 12, 2027.
The parties are advised that this is the final extension of discovery dates and deadlines, and that no further extensions of this amended discovery schedule will be granted. See In re Harris, 228 B.R. 740, 745 (Bankr. D. Ariz. 1998) ("The plain meaning of the word 'final' means final.").
The Status Conference currently set for August 3, 2026, before the undersigned is adjourned to September 29, 2026, at 10:00 AM. The conference will be held via the Court's Video Zoom. The Court will e-mail the Zoom invitation closer to the conference date. All participants involved shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (see Rule § 1E). The Final Pre-Trial Conference currently set for December 14, 2026, before the undersigned is adjourned, sine die pending the filing of the parties' joint Status Report.
Defendants are directed to respond to all document demands, in a form and manner compliant with the parties' agreed-upon ESI protocol, by August 7, 2026.
The parties are directed to complete Rule 30(b)(6) depositions of the Plaintiffs on or before September 18, 2026, and Rule 30(b)(6) depositions of the Defendants on or before August 28, 2026.
SO ORDERED by Magistrate Judge James M. Wicks on July 9, 2026. (Time Log # 11:33 - 11:46, by Video - via Zoom) (ELR)