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NOBEL LIMITED COMPANY v. ACCESS WORLD

May 14, 2003

NOBEL LIMITED COMPANY, LLC, PLAINTIFF(S), AGAINST ACCESS WORLD, LLC, 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 June 25, 2003 at 3:00 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 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 further 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

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 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 ...

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