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GALES v. WATSON
March 14, 2003
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 September 30, 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
90 days before the date set forth in paragraph 2.c. below.
Defendant(s) shall make such disclosures no later than 60 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
c. All expert witness discovery shall be completed by September 30,
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 October
31, 2003. 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 annexed 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
January 30, 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
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 Order.
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 client.
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 appropriate
In particular, the parties are advised that the Court
may, without further hearing, render judgment in favor
of the adverse ...
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