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Environmental Matters | New York Eastern
Status Conference Order on Motion to Vacate Order on Motion to Set Aside Default ~Util - Set Hearings
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: The motions to vacate the defaults, DE 28 and 40 are denied without prejudice due their violation of the Courts bundling rule. The fullybriefed motions will be filed if necessary (see below) with a courtesy copy to the Court on July 20, 2026. In the meantime discovery will commence in earnest. Rule 26 disclosures will be served on July 17, 2026. Discovery requests will be served on July 24, 2026. (Defendants may rely on the disclosures and requests already served.) Discovery responses will be served on August 28, 2026. Depositions will be completed by November 13, 2026. Case-in-chief expert disclosures will be served on December 4, 2026. Rebuttal expert disclosures will be served on January 15, 2027. Deadline to commence summary judgment motion practice: February 5, 2027. Prior to July 20, 2026, the parties will meet and confer about whether Plaintiff consents to vacate the defaults and intends to submit an amended complaint. The parties are reminded in this regard, that the standard to vacate a default is lenient and that discovery will proceed regardless of when those motions are ultimately decided. Further,the Court notes that Defendant Petrones motion to dismiss (improperly filed with the motion to vacate in violation of the Courts bundling rule) is fairly technical in its direction to the pleadings, and the Court is inclined to permit any reasonable proposed amendment of the complaint to address purported deficiencies. Any amendment will be without prejudice to further motion practice. In the event the parties resolve the issues underlying the motions addressed above, they should file a brief joint letter with the Court advising accordingly no later than July 31, 2026. The Final Pretrial Conference is set for 2/17/2027 at 10:00 AM before Magistrate Judge Steven I. Locke. So Ordered by Magistrate Judge Steven I. Locke on 7/6/2026. (KG)
Scheduling Order
Electronic SCHEDULING ORDER: A Status Conference set for 7/6/2026 at 11:30 AM in Courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 6/26/2026. (SC)
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