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Real Property: Foreclosure | New York Southern
Order
ORDER: As the Court stated on the record during the initial pretrial conference held on November 14, 2019, the Court notes that Defendant's answer states that Jorge Casado Salicetti is deceased. Dkt. No. 21, Paragraph 4. The Court construes this as a "statement noting [a] death" under Federal Rule of Civil Procedure 25(a)(1). That rule states that if, after the death of a party, a motion for substitution "is not made within 90 days after service of a statement noting the deat h, the action by or against the decedent must be dismissed." Fed. R. Civ. P. 25(a)(1). Therefore, Plaintiff has until February 10, 2020 to make a motion for substitution. SO ORDERED., ( Motions due by 2/10/2020.) (Signed by Judge Gregory H. Woods on 11/15/2019) (ama)
Case Management Plan
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have taken place. All counsel must confer to discuss settlement within 14 days following the close of fact discovery. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2 days. Motions due by 3/18/2020. Deposition due by 1/31/2020. Fact Discovery due by 2/18/2020. Expert Discovery due by 2/18/2020. Status Conference set for 4/13/2020 at 04:30 PM before Judge Gregory H. Woods. A joint letter updating the Court on the status of the case shall be filed on ECF by April 6, 2020. (And as further set forth in this Order.) SO ORDERED. (Signed by Judge Gregory H. Woods on 11/15/2019) (jca)
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