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DAVIS v. UNIVERSAL MUSIC GROUP

March 25, 2003

ALTOVISE GORE DAVIS, SOLE RESIDUAL LEGATEE OF THE ESTATE OF SAMMY DAVIS, JR., AND SUCCESSOR IN INTEREST TO SYNI CORP., PLAINTIFF(S),
v.
UNIVERSAL MUSIC GROUP AND POLYGRAM RECORDS, INC., EACH SUCCESSORS IN INTEREST TO MGM RECORDS, INC., DEFENDANT(S)



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

PRE-TRIAL SCHEDULING ORDER

A pre-trial conference was last held in this matter on April 12, 2002. The Court hereby makes the following provisions for scheduling and trial in this matter.

1. {Reserved}

2. Preliminary Conference

Counsel for the parties shall confer preliminarily at least forty-five (45) days before the date set forth in paragraph 7 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, (b) 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 4 below.

3. 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 7 below, unless otherwise allowed by the Court for good cause shown.

4. 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 7 below, a single document captioned JOINT PRE-TRIAL STATEMENT, which shall include:

a. A concise statement of the legal issues to be decided.

b. A concise statement of the material facts not in dispute.
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 chief.
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 identification.
e. A list of the depositions, if any, to be offered at trial.
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 be 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 so consented).
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 Pre-Trial Statement:
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.
5. 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 paragraph 7 below. When feasible, the proposed findings of fact and conclusions of law should also be submitted on a C.D. Rom or 3.5" diskette in WordPerfect version 6 or higher format.

6. 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 7 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 ...


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