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Tabak Mellusi
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Order | Filed: June 13, 2024 | Entered: June 13, 2024 Energetic Tank, Inc. v. Unknown Defendant
Marine | New York Southern
Scheduling Order
JOINT PRETRIAL SCHEDULING ORDER: IT IS ORDERED THAT this matter will proceed as follows: 1. Petitioner shall serve its expert reports for experts other than economists by July 31, 2024; and for all experts by August 15, 2024. This deadline shall not apply to (i) rebuttal reports pertaining to Claimants who have not yet served their own affirmative expert reports; or (ii) reports pertaining to Claimants who have not yet completed required IMEs. 2. The deadline for completing fact and expert discovery shall be September 30, 2024. 3. By no later than October 30, 2024, the parties shall confer and propose to the Court the three Claimants to be tried in each of the two initial bellwether trials. 4. The deadline for filing bellwether Daubert motions, summary judgment motions, and motions in limine (together, "Pre-Trial Motions") shall be November 29, 2024. A pre-motion letter setting forth the basis for the anticipated motion (as detailed in this Court's Individual Practice Rules) may constitute a formal Pre-Trial Motion and shall be considered timely if filed by November 29, 2024. Oppositions to Pre-Trial Motions shall be filed no later than December 18, 2024. Any replies shall be filed no later than January 3, 2025. 5. The deadline for submission of the Joint Pre-trial Order for the first bellwether trial shall be February 4, 2025. 6. The first bellwether trial, for bodily and psychological injury claims, shall begin on March 10, 2025. The second bellwether trial, for wrongful death claims, shall begin on June 2, 2025. 7. The parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). SO ORDERED. Motions due by 11/29/2024. Responses due by 12/18/2024 Replies due by 1/3/2025. Fact Discovery due by 9/30/2024. Expert Discovery due by 9/30/2024. Pretrial Order due by 2/4/2025. Ready for Trial by 6/2/2025. (Signed by Judge Loretta A. Preska on 6/13/2024) (tg)
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Order | Filed: June 13, 2024 Energetic Tank, Inc. v. Unknown Defendant
Marine | New York Southern
Order
ORDER granting 578 Letter Motion for Extension of Time to File. The Court hereby grants the claimants' request. The briefing schedule for any claimant's motion in limine shall be extended as set forth above. The Clerk of the Court shall close docket entry 578. SO ORDERED.. (Signed by Judge Loretta A. Preska on 6/13/2024) (tg)
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Order | Filed: June 13, 2024 | Entered: June 13, 2024 Energetic Tank, Inc. v. Unknown Defendant
Marine | New York Southern
Pretrial Order
JOINT BELLWETHER SELECTION AND STRUCTURE PRETRIAL ORDER: This Order shall govern the process for selecting bellwether Claimants from those cases currently filed in this matter and the structure of bellwether trials. The parties have met and conferred regarding these procedures and have agreed upon the proposal outlined below. IT IS ORDERED THAT this matter will proceed as follows: I. Bellwether Trial Structure A. In order to facilitate the orderly resolution of all claims, the Court will try three (3) bodily/psychological injury claims, followed by three (3) wrongful death claims. The three bodily/psychological injury bellwether claims and the three wrongful death bellwether claims will be submitted by the parties to the Court by October 30, 2024.B. The Court will hold a final pretrial conference no less than ten days before each bellwether trial. C. The Court and the parties anticipate that each bellwether trial can be completed within ten (or fewer) trial days. II. Bellwether Claimant Selection A. By October 15, 2024, the parties shall exchange lists of six (6) proposed bodily/psychological injury claims and another six (6) proposed wrongful death claims from which the initial round of three bellwether claims will be chosen. B. The parties will then confer and determine if they can reach agreement on all three bellwether claims to be tried in each bellwether trial. If they can, then the parties will submit a joint list of those. If they cannot, the Claimants will select one claim, Petitioner will select one claim, and the parties will agree on the third. If they cannot agree on the third, the third claimant will be selected by the parties agreed mediator or other neutral as agreed by the parties. III. Post-Bellwether Trial Procedure A. The purpose of the bellwether trial structure is to facilitate the fair and efficient resolution of the remaining claims in this matter. B. To that end, following the completion of each bellwether trial, the parties must engage in good-faith mediation efforts before a mediator agreed upon by the parties. C. Only after the submission of a Certificate of Completion of Mediation by both parties will the Court consider the scheduling of additional bellwether trials. D. Within 15 days of the completion of both bellwether trials, the parties shall submit proposals for the next set of bellwether trials in accordance with the same procedures described in Paragraphs II.A and II.B, supra. E. After submission, the court will set forth an Order setting forth the applicable deadlines for the next set of bellwether trials, using procedures followed for the first round of bellwether trials as guidance. (Signed by Judge Loretta A. Preska on 6/13/2024) (tg)
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