Case 1:16-cv-04586-LTS Document 9 Filed 07/26/16 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`BROADSIGN INTERNATIONAL, LLC
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`Plaintiff(s),
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`-against-
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`T-REX PROPERTY AB,
`Defendant(s).
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`LAURA TAYLOR SWAIN, DISTRICT JUDGE:
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`No. 16CV4586-LTS-HBP
`INITIAL CONFERENCE ORDER
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`1.
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`2.
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`3.
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`It is hereby ORDERED that a pre-trial conference will be held in the above-captioned matter
`on October 6, 2016 at 11:45 a.m. in Courtroom No. 12D1, Daniel Patrick Moynihan U.S.
`Courthouse, 500 Pearl Street, New York, New York 10007. It is further
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`ORDERED that counsel2 for Plaintiff(s) must serve a copy of this Initial Conference Order
`within fourteen (14) calendar days following the date of this order, on each Defendant that has
`already been served with the summons and complaint, that a copy of this Initial Conference Order
`must be served with any subsequent process that brings in additional parties, and that proof of
`such service must be filed promptly with the Court. It is further
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`ORDERED that counsel for the parties confer preliminarily at least twenty-one (21) days prior
`to the date set forth in paragraph 1 above to discuss the following matters:
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`a.
`b.
`c.
`d.
`e.
`f.
`g.
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`1
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`2
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`Facts that are not disputed and facts that are in dispute.
`Contested and uncontested legal issues.
`The disclosures required by Fed. R. Civ. P. 26(a)(1).
`Anticipated amendments to the pleadings, and an appropriate deadline therefor.
`Settlement.
`Whether mediation might facilitate resolution of the case.
`This litigation will be governed by the Local Patent Rules for the Southern District of
`New York (the "LPR"). The parties must discuss whether the Court's scheduling order
`in this case should adopt by reference the following provisions of the Patent Local Rules
`of the U.S. District Court for the Northern District of California (November 1, 2014) (the
`"ND Cal Rules"): 3-1 (as to the content of the LPR 6 disclosure), 3-2, 3-3 (as to the
`content of the LPR 7 disclosure), 3-4, 3-6, and an appropriate date for disclosures
`pursuant to LPR 6.
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`On the day of the conference, check the electronic board in the lobby to be certain of the proper
`courtroom.
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`As used in this Order, the term “counsel” means, in the case of an individual party who is proceeding
`Pro-se, such party.
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`FORME2PAT.WPD
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`VERSION 6/8/15
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`1
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`Case 1:16-cv-04586-LTS Document 9 Filed 07/26/16 Page 2 of 3
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`h.
`i.
`j.
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`k.
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`l.
`m.
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`Whether the case is to be tried to a jury.
`Whether each party consents to trial of the case by a magistrate judge.
`Anticipated discovery, including discovery of electronically stored information and
`procedures relevant thereto, and an appropriate deadline for the conclusion of discovery.
`Whether expert witness evidence will be required, and appropriate deadlines for expert
`witness discovery.
`Whether dispositive motions may be appropriate, and a deadline for such motions.
`Evidence to be presented at trial and the length of time expected to be required for the
`presentation of evidence at trial.
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`It is further
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`4.
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`ORDERED that counsel for all parties must confer and must prepare, execute and file with the
`Court, with one courtesy copy provided to chambers of the undersigned, no later than seven (7)
`calendar days before the date set forth in paragraph 1 above a single document captioned
`PRELIMINARY PRE-TRIAL STATEMENT, which must be signed by all counsel, and must set
`forth the following information, and which will constitute the written report required by Fed. R.
`Civ. P. 26(f):
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`a.
`b.
`c.
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`d.
`e.
`f.
`g.
`h.
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`i.
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`j.
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`k.
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`l.
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`m.
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`n.
`o.
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`A concise statement of the nature of this action.
`Whether there are any pending related criminal or civil actions.
`A concise statement of each party's position as to the basis of this Court’s jurisdiction of
`the action, with citations to all statutes relied upon.
`A concise statement of all material uncontested or admitted facts.
`A concise statement of all uncontested legal issues.
`A concise statement of all legal issues to be decided by the Court.
`Each party’s concise statement of material disputed facts.
`A concise statement by each plaintiff and each counterclaimant of the legal basis of each
`cause of action asserted, including citations to all statutes, Federal Rules of Civil
`Procedure, other rules and case law intended to be relied upon by such plaintiff or
`counterclaimant.
`Each party’s concise statement of the legal basis of each defense asserted or expected to
`be asserted by such party, including citations to all statutes, Rules, and other applicable
`regulatory and judicial authority intended to be relied on by such party.
`A concise statement of the measure of proof and on whom the burden of proof falls as to
`each cause of action or defense.
`Whether and to what extent amendments to pleadings and/or the addition or substitution
`of parties will be required, and proposed deadlines therefor.
`A statement as to whether all parties consent to transfer of the case to a magistrate judge
`for all purposes, including trial (without identifying which parties have or have not so
`consented).
`What, if any, changes should be made in the timing, form or requirements for disclosures
`under Fed. R. Civ. P. 26(a), including a statement as to when any disclosures required
`under Fed. R. Civ. P. 26(a)(1) were made or will be made.
`The subjects on which disclosure may be needed and a proposed discovery cut-off date.
`Whether and to what extent expert evidence will be required, and proposed deadlines for
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`FORME2PAT.WPD
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`VERSION 6/8/15
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`2
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`Case 1:16-cv-04586-LTS Document 9 Filed 07/26/16 Page 3 of 3
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`p.
`q.
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`r.
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`s.
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`t.
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`u.
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`expert discovery.
`Proposed deadlines for class action-related discovery and motion practice.
`If substantial electronic discovery is anticipated, a Joint Electronic Discovery Submission,
`substantially in the form set forth in Exhibit B to the Complex Case Management Pilot
`Project Protocol (See October 31, 2014 Standing Order posted on SDNY website).
`What, if any, changes should be made in the limitations on discovery imposed under the
`Federal Rules of Civil Procedure or the Local Rules of court, and what other limitations
`should be imposed.
`The status of settlement discussions and the prospects for settlement of the action in whole
`or in part, provided that the Preliminary Pre-Trial Statement must not disclose to the
`Court specific settlement offers or demands.
`A statement by each party as to whether the case is to be tried with or without a jury, and
`the number of trial days expected to be needed for presentation of that party's case.
`Any other orders that should be entered by the Court under Fed. R. Civ. P. 26(c) or Fed.
`R. Civ. P. 16(b) and (c).
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`It is further
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`5.
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`6.
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`7.
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`8.
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`ORDERED that counsel must be prepared to discuss the foregoing at the pre-trial conference, as
`well as whether a reference to the Magistrate Judge or to mediation may be helpful in resolving
`this case, and anticipated dispositive motions and a deadline therefor. It is further
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`ORDERED that counsel attending the pre-trial conference must seek settlement authority from
`their respective clients prior to such conference. "Settlement authority,” as used herein, includes
`the power to enter into stipulations and make admissions regarding all matters that the participants
`may reasonably anticipate discussing at the pre-trial conference including, but not limited to, the
`matters enumerated in the preceding paragraphs.
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`In the event that any party fails to comply with this Order, the Court may impose sanctions or take
`other action as appropriate. Such sanctions and action may include assessing costs and attorneys’
`fees, precluding evidence or defenses, dismissing the action, and/or the imposition of other
`appropriate penalties.
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`This case has been designated an electronic case. Counsel for all parties are required to register
`as filing users in accordance with the Procedures for Electronic Case Filing promptly upon
`appearing in the case.
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`IT IS SO ORDERED.
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`Dated: New York, New York
`July 25, 2016
`
` /s/ Laura Taylor Swain
`LAURA TAYLOR SWAIN
`United States District Judge
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`FORME2PAT.WPD
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`VERSION 6/8/15
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`3
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