Naprstek v. Marriot International, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LUBOS NAPRSTEK,

Plaintiff, CIVIL ACTION NO. 21 Civ. 8560 (CM) (SLC) -v-

MARRIOT INTERNATIONAL, INC., ORDER

Defendant. SARAH L. CAVE, United States Magistrate Judge. The Court received the parties’ status letter (ECF No. 108) and ORDERS as follows: (1) Expert discovery shall proceed as follows: a. On or before November 25, 2024, Plaintiff shall deliver to Defendant his disclosures of expert testimony, as required under Federal Rule of Civil Procedure 26(a)(2). Plaintiff’s failure to provide the required disclosures may foreclose his opportunity to proffer any experts in this case. See Rekor Systems, Inc. v. Loughlin, No. 19 Civ. 7767 (LJL), 2022 WL 2063857, at *8 (S.D.N.Y. June 8, 2022). b. On or before December 20, 2024, Defendant may provide a rebuttal expert(s). c. All expert reports shall be delivered on or before January 17, 2025. d. On or before January 24, 2025, the parties shall file a joint letter certifying the completion of expert discovery. e. Contrary to Plaintiff’s assertion (ECF No. 108 at 1), Defendant is not required to cover the cost of his expert discovery due to his pro se status. Plaintiff shall incur the costs of his own expert discovery at this stage of the proceedings. (2) Plaintiff's request to take judicial notice of certain facts (ECF No. 108 at 2) is DENIED without prejudice. Plaintiff may renew his request, if appropriate, during summary judgment or trial proceedings. (3) No settlement conference will be set at this time. (4) A briefing schedule for summary judgment motions is held in abeyance until expert discovery is complete. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. Dated: New York, New York October 28, 2024 SO ORDERED. Sidlet AHL. E United States Magistrate Judge