Don’t expect to push back a trial date before Judge Baer. His model scheduling order states that the month the parties choose for trial will “rarely if ever be changed.” When parties to a securities class action asked to extend the discovery deadlines by 45 days, Judge Baer’s endorsement yesterday reminded them of this rule: “I will extend discovery . . . but let me caution you again that the month you chose for trial never changes.”
Judge Baer has been firm with these parties before: this earlier endorsement referred to counsel’s letter reminding the Court of an undecided discovery application as a “testament to chutzpah.” If the case proceeds to trial, Judge Baer has made clear (see pg. 16 n.6), as he has done before, he expects the plaintiffs’ trial team to be a diverse group. Plaintiffs’ counsel was supposed to submit a memorandum on the diversity of its trial team by February 7, though none was entered on the docket. We will post the memorandum if it ever appears.