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KISSIMA v. ASHCROFT

United States District Court, Southern District of New York


January 13, 2003

FOFANA KISSIMA, PETITIONER,
v.
JOHN ASHCROFT, ATTORNEY GENERAL AND DORIS MEISSNER, INS COMMISSIONER, RESPONDENT(S).

The opinion of the court was delivered by: Laura Taylor Swain, United States District Judge

PRELIMINARY SCHEDULING ORDER

1. It is hereby ORDERED that a conference shall be held in the above-captioned matter on April 8, 2003 at 10:45 a.m. in Courtroom No. 444, 40 Foley Square, New York, New York 10007. It is further
2. ORDERED that counsel*fn1 for petitioner(s) shall serve a copy of this Preliminary Pre-Trial Order on the Office of the United States Attorney for the Southern District of New York within ten (10) calendar days following the date of this order, and that a copy of this Preliminary Pre-Trial Order shall also be served with any subsequent process that brings in additional parties, and that proof of such service shall be filed with the Court promptly. It is further
3. 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: a. Facts that are not disputed and any facts that are in dispute.
b. Contested and uncontested legal issues.

c. Settlement.

d. Whether mediation might facilitate resolution of the case.
e. Appropriate deadlines for any further submissions; and whether any party believes that an evidentiary hearing will be necessary. It is further
4. ORDERED that counsel for all parties shall confer and shall 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 shall be signed by all counsel, which shall set forth the following information, and which shall constitute the written report required by Fed.R.Civ.P. 26(f): a. 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.
b. A concise statement of all material uncontested or admitted facts.
c. A concise statement of all uncontested legal issues.

d. A concise statement of all legal issues to be decided by the Court.
e. Each party's concise statement of material disputed facts, if any.
f. Whether and to what extent additional submissions or the presentation of evidence will be required, and proposed deadlines therefor.
g. The status of settlement discussions and the prospects for settlement of the matter in whole or in part, provided that the Preliminary Pre-Trial Statement shall not disclose to the Court specific settlement offers or demands. It is further
5. ORDERED that counsel shall be prepared to discuss the foregoing at the pre-trial conference, as well as whether mediation may be helpful in resolving this case. It is further
6. 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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