United States District Court, Southern District of New York
March 14, 2003
INTERNATIONAL HEALTHCARE EXCHANGE AND CUENE, PLAINTIFF(S),
GLOBAL HEALTH CARE EXCHANGE, DEFENDANT(S).
The opinion of the court was delivered by: Laura Taylor Swain, United States District Judge
PRE-TRIAL SCHEDULING ORDER
A pre-trial conference was last held in this matter on March 14, 2003. The Court hereby makes the following provisions for scheduling and trial in this matter. To the extent copies of this Order were not distributed to all parties in open court, Plaintiff's counsel*fn1 shall serve a copy of this Pre-Trial Scheduling Order on counsel for each other party and on each unrepresented party within ten (10) days from the date hereof, and a copy of this Pre-Trial Scheduling Order shall be served with any subsequent process that brings in additional parties. Proof of such service shall be filed promptly with the Court.
1. Amendments to Pleadings, Additional Parties
All applications to amend pleadings or amendments as
of right shall be made, and any additional parties
joined, by April 30, 2003.
a. All non-expert witness discovery in this matter
shall be completed by October 31, 2003.
b. Plaintiff(s) shall make expert witness
disclosures described in Rule 26(a)(2) of the
Federal Rules of Civil Procedure no later than 70
days before the date set forth in paragraph 2.c.
below. Defendant(s) shall make such disclosures no
later than 25 days before the date set forth in
paragraph 2.c. below. Such disclosures shall be made
in writing, signed and served, but shall not be
filed with the Court.
c. All expert witness discovery shall be completed
by January 23, 2004.
3. Dispositive Pre-Trial Motions
Dispositive motions, if any, seeking resolution, in
whole or in part, of the issues to be raised at
trial shall be served and filed on or before
February 23, 2004. Opposition papers shall be served
within four weeks after service of the initial
motion papers, and reply papers shall be served
within two weeks after service of opposition
papers. No pre-motion conference is required. If the
movant believes the motion, if granted, would
obviate entirely the necessity of a trial in this
matter, the movant shall so state in a separate
document captioned APPLICATION FOR STAY OF PRE-TRIAL
SCHEDULING ORDER and served and filed with the
moving papers, and may in such Application request
that the Court defer the remaining requirements of
this Order pending its decision on the motion.
Unless the Court grants such Application, the filing
of a dispositive motion does not affect the parties'
obligations under this Order.
4. Preliminary Conference
Counsel for the parties shall confer preliminarily
at least forty-five (45) days before the date set
forth in paragraph 9 below. At or prior to this
preliminary conference, counsel shall provide copies
of each proposed exhibit for inspection by opposing
counsel and for waiver or noting of objection and
shall make the disclosures required by Fed.R.Civ.P.
26(a)(3). At the preliminary conference, counsel
shall discuss (a) settlement, any anticipated
further motion practice, including motions in
limine, and (c) the matters required to be addressed
in their Joint Pre-Trial Statement, as set forth in
paragraph 6 below.
5. Other Pre-Trial Motions
Other motions, including but not limited to motions
in limine relating to evidentiary issues, must be
filed and served no later than thirty (30) days
before the date set forth in paragraph 9 below,
unless otherwise allowed by the Court for good cause
6. Joint Pre-Trial Statement
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 ten (10) days before the
date set forth in paragraph 9 below, a single
document captioned JOINT PRE-TRIAL STATEMENT, which
a. A concise statement of the legal issues to be
b. A concise statement of the material facts not in
c. A witness list containing the names, addresses
and a brief summary of the testimony of each witness
each party will call. A person not identified on
this list may not be called during a party's case in
d. A final exhibit list containing a description of
all exhibits to be offered at trial, with one star
indicating exhibits to which no party objects on
grounds of authenticity and two stars indicating
exhibits to which no party objects on any ground.
Exhibits not identified on this list may not be
offered during a party's case in chief. Each exhibit
shall be marked and the list shall identify the
exhibits by their numbers or letters.
i. Plaintiff's exhibits shall be identified with
numbers as follows: Plaintiffs' Exhibit 1;
Plaintiff's Exhibit 2; etc.
ii. Defendant's exhibits shall be identified with
letters as follows: Defendant's Exhibit A;
Defendant's Exhibit B; etc. If there is more than
one plaintiff or defendant, the parties shall
confer so as to avoid duplication of exhibit
e. A list of the depositions, if any, to be offered
f. Stipulations, if any, as to the admissibility of
exhibits and depositions.
g. A brief explanation of the objections, if any, to
the exhibits to be offered at trial, including
citation to the relevant legal authority.
h. A brief explanation of the objections, if any, to
the depositions to be offered at trial, including
citation to the relevant legal authority.
i. Each party's statement as to whether the case is
to tried before a jury.
j. A statement as to whether or not all parties
consent to trial of the case by a magistrate judge
(without identifying which parties have or have not
k. Each party's estimate of the time required for
presentation of its case.
When feasible, the Joint Pre-Trial Statement should
also be submitted to Chambers on a CD-Rom or 3.5"
diskette in WordPerfect version 6 or higher format.
The following documents must be Bannexed to, or
submitted to Chambers concurrently with, the Joint
One copy of each documentary exhibit to be offered
at trial. Such exhibits must be pre-marked. In the
event that a party intends to offer more than 15
documentary exhibits at the trial, the exhibits
should be tabbed or included in a binder for easy
reference. Counsel shall bring on the day of trial
additional pre-marked copies for use by
witnesses, the courtroom deputy, opposing parties
and (if applicable) the jury.
7. Proposed Voir Dire, Requests to Charge and Verdict Form
In a case to be tried before a jury, each party
shall serve on each other party and file with the
Court no later than five (5) business days before
the Final Pre-Trial Conference date set forth in
paragraph 9 below, its proposed voir dire, requests
to charge and verdict form. Prior to service and
filing of the proposed voir dire and requests to
charge, counsel shall provide copies of their
proposed voir dire and requests to charge for
inspection by opposing counsel and for noting of
objection. Stipulations, if any, as to the agreed
proposed requests to charge and a brief explanation
of the objections, if any, to any disputed requests
to charge, including citations to the relevant legal
authority shall be included with the submissions
made pursuant to this paragraph. When feasible,
proposed voir dire, requests to charge and verdict
forms shall also be submitted to Chambers on a
CD-Rom or 3.5" diskette in WordPerfect version 6 or
8. Proposed Findings of Fact and Conclusions of Law
If the case is not to be tried before a jury, each
party shall serve on each other party and file with
the Court its proposed findings of fact and
conclusions of law, which shall be broken down into
separately enumerated paragraphs, no later than five
(5) business days before the Final Pre-Trial
Conference date set forth in the following
paragraph. When feasible, the proposed findings of
fact and conclusions of law should also be submitted
on a CD-Rom or 3.5" diskette in WordPerfect version
6 or higher format.
9. Final Pre-Trial Conference
The parties are directed to appear before the
undersigned in Courtroom No. 444, 40 Foley Square,
New York, N.Y. 10007, for a final pre-trial
conference on May 28, 2004, at 10:00 a.m. The
purpose of the conference is to explore the
possibility of settlement, schedule the trial (which
shall, court calendar permitting, commence within
two weeks after the conference) if necessary, to
review the issues to be tried and the proof to be
offered in connection therewith, and to resolve any
remaining pre-trial issues.
The counsel who plan to try the case must appear at
such conference. Counsel attending the conference
shall seek settlement authority from their
respective clients prior to such conference. If
counsel is not granted such authority, the client
must be present in person or available by telephone
so that a settlement can be consummated if
possible. "Settlement authority," as used in this
order, includes the power to enter into stipulations
and make admissions regarding all matters that the
parties may reasonably anticipate discussing at the
pre-trial conference including, but not limited to,
the matters enumerated in this Pre-Trial Scheduling
The Court will not adjourn the final pre-trial
conference or excuse the appearance of a party or
its counsel unless a stipulation of settlement is on
file prior to the pre-trial conference date set
forth in this paragraph 9.
10. No Adjournment of Deadlines
The deadlines set forth in this Pre-Trial Scheduling
Order will not be adjourned except in the Court's
discretion upon good cause as shown in a written
application signed by both counsel and counsel's
client and served upon all parties. "Good cause," as
used in this paragraph, does not include
circumstances within the control of counsel or the
11. Non-Compliance with This Order
In the event that any party fails to comply with
this Pre-Trial Scheduling Order, or is not prepared
to go forward with trial on the date scheduled, the
Court may impose sanctions or take other action as
appropriate. Such sanctions and action may include
assessing costs and attorney's fees, precluding
evidence or defenses, dismissing the action,
granting judgment by default, and/or other
In particular, the parties are advised that the
Court may, without further hearing, render judgment
in favor of the adverse party if a party is not
prepared to proceed to trial within two weeks of the
scheduled final pre-trial conference date.
12. Other Matters
The parties shall begin meeting with Judge Katz for
settlement purposes by May 30, 2003.
IT IS SO ORDERED.