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EMAP METRO LLC v. TITUS SOFTWARE CORPORATION
April 28, 2003
EMAP METRO LLC, PLAINTIFF(S), AGAINST TITUS SOFTWARE CORPORATION, ET AL., 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 August
1, 2003 at 2:30 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
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 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
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
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
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 disputed
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
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 therefor.
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) and (c).
It is further
5. 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
6. 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.
7. In the event that any party fails to comply with this
Order, the Court may impose sanctions or take ...
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