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Motor Vehicle | New York Eastern
Scheduling Order
SCHEDULING ORDER: An in-person initial conference will be held on 12/10/2026 at 10:30AM before Magistrate Judge Marcia M. Henry in Courtroom 13C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. At least one attorney from each party shall attend.
Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 12/03/2026, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: https://www.nyed.uscourts.gov/sites/default/files/uploads/proposeddiscoveryplanmmh.pdf).
This case has been assigned to the EDNY Direct Assignment Program; more information is available here. Within one week of the Initial Conference, the parties must review and submit either a Consent to Magistrate Judge Jurisdiction Form or a Direct Assignment Program Acknowledgement Form, indicating that they have conferred regarding consenting to magistrate jurisdiction. Any party may withhold its consent without adverse substantive consequences.
Plaintiffs' counsel is directed to ensure that Defendants are aware of this conference by serving a copy of this Order, and the summary docket sheet (without attachments) and filing an affidavit of service by 10/08/2026. So Ordered by Magistrate Judge Marcia M. Henry on 10/01/2026.
(Attachments: # 1 Individual Practice Rules, # 2 Proposed Discovery Plan) (SY)
Initial Conference Hearing
MINUTE ENTRY and ORDER: An Initial Conference was held before Magistrate Judge Lara K. Eshkenazi on 9/28/2026. Appearances by Jay Itkowitz for Plaintiff and Richard Brueckner for Defendants. The parties' discovery plan is updated pursuant to the attached Scheduling Order. The parties shall file a joint status letter by 1/8/2027 updating the Court on the progress of discovery. The close of fact discovery is 6/16/2027. The parties shall submit a joint status letter confirming the completion of fact discovery by 6/23/2027. The close of all discovery is 9/25/2027 and the parties shall file a joint status letter confirming the completion of all discovery that same date.
The attorney who appeared for Plaintiff was not prepared to discuss the facts of the case. Judge Eshkenazi's Individual Rules clearly state "Counsel shall appear promptly for all conferences. Counsel appearing before the Court must be prepared and authorized to discuss (1) the parties' progress in the case; (2) scheduling of further proceedings; and (3) the possibility of settlement and status of any settlement discussions. All attorneys must file a Notice of Appearance prior to appearing in Court. Only a party's counsel of record, or an attorney personally authorized to appear by the party (and not simply by the party's counsel of record) may appear on behalf of a party." Plaintiff's counsel of record is reminded of his obligation to review and follow Judge Eshkenazi's Individual Rules. (MED)
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