Kassim v. City of Schenectady

221 F.R.D. 363, 2003 U.S. Dist. LEXIS 25535, 2003 WL 23484552
District Court, N.D. New York·Decided April 24, 2003·No. No. 02-CV-186·Published·Cited by 7 cases

Opinion

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. BACKGROUND

On February 12, 2002, plaintiff Khaled Kassim, pursuant to 42 U.S.C. § 1983, brought suit against defendants City of Schenectady and Michael T. Brockbank, alleging that defendants’ seizure of his business and property on April 23, 2001, violated the procedural due process clause of the Fourteenth Amendment of the Constitution.

After conducting a Rule 16 Conference with the attorneys on both sides, Magistrate Judge Randolph F. Treece issued a Uniform Pretrial Scheduling Order (“UPSO”), which was filed June 12, 2002. (Docket No. 6). According to the UPSO, “THE DEADLINES SET IN THIS SCHEDULE ORDER SUPERSEDE THE DEADLINES SET FORTH IN FED. R. CIV. P. 26(a)(3) AND ARE FIRM AND WILL NOT BE EXTENDED, EVEN BY STIPULATION OF THE PARTIES, ABSENT GOOD CAUSE.” (Id. at II1) (capitalization and emphasis in original). Also mandated was that discovery be completed by October 1, 2002, and that experts be identified “[n]o later than 90 days prior to the discovery deadline.” (Id. at 116(a)(1)) (emphasis in original).

On August 30, 2002, Magistrate Judge Treece sent a letter to the attorneys for both sides “[i]n order to ensure that the [case] [was] proceeding in accordance with the [UPSO].” (Docket No. 7). The letter went on to state that the court “intend[ed] to adhere to [the discovery] deadline and the other Rule 16 deadlines and w[ould] not, absent extraordinary circumstances, entertain any requests or stipulations for extensions.” (Id.) (emphasis in original). Magistrate Judge Treece also reminded the parties “that the court will preclude the testimony of any experts not disclosed in accordance with the provisions of the [UPSO].” (Id.).

Thereafter, on September 12, 2002, September 27, 2002, and October 31, 2002, the attorneys updated Magistrate Judge Treece on the status of the lawsuit. (Docket Nos. 8, 9, and 10). Among other things, counsel for the defendants informed Magistrate Judge Treece that plaintiffs deposition had been taken on September 25, 2002. (Docket No. 9). The discovery deadline was extended to November 1, 2002.(Id.). Discovery was completed by October 31, 2002. (Docket No. 10). At no time in between the issuance of the UPSO and the completion of discovery did plaintiff disclose the identity of any expert he intended to use in connection with the lawsuit, or request an extension to do so.

On January 16, 2003, both defendants and plaintiff filed motions for summary judgment. [365]*365(Docket Nos. 15 and 18). After oral argument was heard on February 28, 2003, a Memorandum-Decision and Order was issued on April 3, 2003, granting plaintiffs motion for summary judgment on liability, and denying defendants’ motions. Kassim v. City of Schenectady, 255 F.Supp.2d 32 (N.D.N.Y.2003). A trial date on damages was set for June 23, 2002. (Docket No. 28).

By letters dated April 17, 2003, and April 21, 2003, counsel for plaintiff made an application for an extension of time to retain an expert or experts and submit disclosures in connection therewith in regard to damages allegedly sustained by plaintiff. (Docket Nos. 30 and 32). Counsel for plaintiff argued that plaintiff had been out of the country for all but less than two months of the time since the seizure on April 23, 2001. Counsel argues that plaintiffs absence, coupled with his retention in Yemen of certain books written in Arabic that contain relevant financial information, have prevented him from retaining an economic loss expert(s). Counsel argues that plaintiff should be given the time to return to the United States, bringing with him the translated financial records, and “play an active role in the selection and briefing of [an] expert.” (Docket No. 30).

By letters dated April 18, 2003 and April 21, 2003, counsel for defendants opposed plaintiffs application for an extension of time. (Docket Nos. 31 and 33). Counsel for defendants pointed to the deadlines in the UPSO for disclosing experts, alleged that the defendants would be highly prejudiced if plaintiffs application was granted, alleged that no documents necessary to an expert opinion were in their possession, objected to the use and translation of materials written in Arabic that they alleged were not previously disclosed, and argued that any compensatory damages should be limited to the thirty-day period during which plaintiff should have been put on notice that defendants were taking possession of the property on which plaintiffs business was located.

II. DISCUSSION

Pursuant to Fed.R.Civ.P. 26(a), a party intending to call an expert witness at trial must disclose the identity of the witness, as well as the expert’s report, including his or her qualifications and bases used for forming conclusions. “These disclosures shall be made at the time and in the sequence directed by the [district] court.” Fed.R.Civ.P. 26(a)(2)(C). “Ha[ving] found that the interests of justice are most effectively served by adopting a systematic, differential case management system which tailors the level of individualized and ease specific management to such criteria as case complexity, time required to prepare a case for trial, and availability of judicial and other resources,” Local Rule 16.1 authorizes the district judge or magistrate assigned to a particular case— like Magistrate Judge Treece in this case — to issue a UPSO. Loe. R. 16.1(e).

The importance of the UPSO to a district court’s effective control and management of a ease, cannot be overstated. See, e.g., Public Citizen v. Liggett Group, 858 F.2d 775, 790 (1st Cir.1988), cert. denied, 488 U.S. 1030, 109 S.Ct. 838, 102 L.Ed.2d 970 (1989) (“[Scheduling] orders and their enforcement are regarded as the essential mechanism for cases becoming trial-ready in an efficient, just, and certain manner. The control of these schedules is deliberately reposed in the court, and not in counsel, so that this end may be achieved”); Potomac Electric Power Co. v. Electric Motor Supply, Inc., 190 F.R.D. 372, 375-76 (D.Md.1999) (“Scheduling orders are necessary tools in managing the district court’s caseload as it is well known that we litigate these days under the burden of heavy caseloads and clogged court calendars”) (internal quotations and citation omitted); Taylor v. Collins, 574 F.Supp. 1554, 1556 (E.D.Mich.1983) (“Deadlines must be respected; without such respect, courts are unable to regulate their dockets”); see also Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165, 173,110 S.Ct. 482,107 L.Ed.2d 480 (1989) (“The interest of courts in managing collective actions in an orderly fashion is reinforced by Rule 16(b), requiring entry of a scheduling order limiting time for various pretrial steps such as joinder of additional parties”). To be sure, “[t]he Magistrate’s Scheduling Order is not a frivolous piece of paper, idly entered, which can be cavalierly disregarded by counsel without peril.” Ges-

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Kassim v. City of Schenectady, 221 F.R.D. 363, 2003 U.S. Dist. LEXIS 25535, 2003 WL 23484552 (N.D.N.Y. 2003).

221 F.R.D. 363 (Kassim v. City of Schenectady) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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