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PIANA v. MARRIOTT INTERNATIONAL
March 19, 2003
MINNIE PIANA, PLAINTIFF(S),
MARRIOTT INTERNATIONAL, INC., ET AL., DEFENDANT(S).
The opinion of the court was delivered by: Laura Taylor Swain, District Judge
PRELIMINARY PRE-TRIAL ORDER
1. It is hereby ORDERED that a pre-trial conference
shall be held in the above-captioned matter on June
20, 2003 at 12:00 p.m. in Courtroom No. 444, 40 Foley
Square, New York, New York 10007. It is further
2. ORDERED that counsel*fn1 for the removing
defendant(s) shall serve a copy of this Preliminary
Pre-Trial Order on each other party within ten (10)
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 the removing defendant(s) shall serve
on all other parties and file within ten (10) days
following the date of this order a submission
providing the following information:
a. A full explanation if all defendants who had been
served at the time of removal did not join in the
notice of removal.
b. A full explanation if the notice of removal was
dated more than thirty (30) days after the first
defendant was served.
c. If the action has been removed on grounds of
diversity jurisdiction, a statement as to whether
any of the defendants who had been served at the
time of removal is a citizen of New York State.
d. If the action has been removed on the grounds of
diversity jurisdiction, the citizenship of all named
plaintiffs and all named defendants (including the
citizenship of all members or partners in any
non-corporate party), if such states of citizenship
were not set forth in the notice of removal.
If any plaintiff has a response to defendant's
submission such response, if any, shall be filed and
served within fourteen (14) days of service of the
submission. Any motion to remand the action to state
court based on procedural defects in the removal must
be filed, if at all, within thirty (30) days after
removal. See 28 U.S.C. § 1447(c).
4. ORDERED that counsel for the parties confer
preliminarily at least twenty-one (21) calendar days
prior to the date set forth in paragraph 1 above to
discuss the following matters:
a. Facts that are not disputed and facts that are in
b. Contested and uncontested legal issues.
c. The disclosures required by Fed.R.Civ.P. 26(a)(1).
d. Anticipated amendments to the pleadings, and an
appropriate deadline therefor.
f. Whether mediation might facilitate resolution of
g. Whether the case is to be tried to a jury.
h. Whether each party consents to trial of the case by a
i. Anticipated further discovery and an appropriate
deadline for the conclusion of discovery.
j. Whether expert witness evidence will be
required, and appropriate deadlines for expert
k. Whether dispositive motions may be appropriate, and a
deadline for such motions.
l. Evidence to be presented at trial and the length
of time expected to be required for the presentation
of evidence at trial.
It is further
5. 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
a. A concise statement of the nature of this action.
b. 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
and relevant facts as to citizenship and
c. A concise statement of all material uncontested
or admitted facts.
d. A concise statement of all uncontested legal issues.
e. A concise statement of all legal issues to be
decided by the Court.
f. Each party's concise statement of material
g. A concise statement by each plaintiff and each
counterclaimant of the legal basis of each cause of
action asserted, including citations to all
statutes, Federal Rules of Civil Procedure, other
rules and case law intended to be relied upon by
such plaintiff or counterclaimant.
h. Each party's concise statement of the legal basis
of each defense asserted or expected to be asserted
by such party, including citations to all statutes,
Rules, and other applicable regulatory and judicial
authority intended to be relied on by such party.
i. A concise statement of the measure of proof and
on whom the burden of proof falls as to each cause
of action or defense.
j. Whether and to what extent amendments to
pleadings and/or the addition or substitution of
parties will be required, and proposed deadlines
k. A statement as to whether all parties consent to
trial of the case by a magistrate judge (without
identifying which parties have or have not so
l. What, if any, changes should be made in the
timing, form or requirements for disclosures under
Fed.R.Civ.P. 26(a), including a statement as to when
any disclosures required under Fed.R.Civ.P. 26(a)(1)
were made or will be made.
m. The subjects on which disclosure may be needed,
and whether discovery should be conducted in phases
or be limited to or focus upon particular issues,
including a concise description of each party's plan
for discovery and a proposed discovery cut-off
n. Whether and to what extent expert evidence will
be required, and proposed deadlines for expert
o. What, if any, changes should be made in the
limitations on discovery imposed under the Federal
Rules of Civil Procedure or the Local Rules of
court, and what other limitations should be
p. The status of settlement discussions and the
prospects for settlement of the action in whole or
in part, provided that the Preliminary Pre-Trial
Statement shall not disclose to the Court specific
settlement offers or demands.
q. A statement by each party as to whether the case
is to be tried with or without a jury, and the
number of trial days expected to be needed for
presentation of that party's case.
r. Any other orders that should be entered by the
Court under Fed.R.Civ.P. 26(c) or Fed.R.Civ.P. 16(b)
It is further
6. 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, and anticipated dispositive motions and a
deadline therefor. It is further
7. ORDERED that counsel attending the pre-trial
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 herein, includes the
power to enter into stipulations and make admissions
regarding all matters that the participants may
reasonably anticipate discussing at the pre-trial
conference including, but not limited to, the matters
enumerated in the preceding paragraphs.
8. In the event that any party fails to comply with
this Order, the Court may impose sanctions or take
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