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RHYTHM v. WARLOCK RECORDS

April 28, 2003

STRICLY RHYTHM, PLAINTIFF(S) AGAINST WARLOCK RECORDS, 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 28, 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 July 31, 2003.

2. Discovery

a. All non-expert witness discovery in this matter shall be completed by January 2, 2004.
b. Plaintiff(s) shall make expert witness disclosures described in Rule 26(a)(2) of the Federal Rules of Civil Procedure no later than 60 days before the date set forth in paragraph 2.c. below. Defendant(s) shall make such disclosures no later than 30 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 2, 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 2, 2004. 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 shown.

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 ...


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