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FERROSTAAL, INC. v. RICKMERS-LINIE GMBH & CIE. KG

March 25, 2003

FERROSTAAL, INC., PLAINTIFF(S),
v.
RICKMERS-LINIE GMBH & CIE. KG, DEFENDANT(S).



The opinion of the court was delivered by: Laura Taylor Swain, United States 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 19, 2003 at 4:45 p.m. in Courtroom No. 444, 40 Foley Square, New York, New York 10007. It is further
2. ORDERED that counsel*fn1 for plaintiff(s) shall serve a copy of this Preliminary Pre-Trial Order on each defendant 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 facts that are in dispute.

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.
e. Settlement.

f. Whether mediation might facilitate resolution of the case.

g. Whether the case is to be tried to a jury.

h. Whether each party consents to trial of the case by a magistrate judge.

i. Anticipated discovery and an appropriate deadline for the conclusion of discovery.
j. Whether expert witness evidence will be required, and appropriate deadlines for expert witness discovery.
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
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 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 jurisdictional amount.
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 ...


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