United States District Court, Southern District of New York
June 9, 2003
MCI WORLDCOM COMMUNICATIONS, INC. FORMERLY KNOWN AS WORLDCOM TECHNOLOGIES, INC., THE SUCCESSOR IN INTEREST TO WORLDCOM, INC., PLAINTIFFS-COUNTERCLAIM DEFENDANT, AGAINST NORTH AMERICAN COMMUNICATIONS CONTROL, INC., DEFENDANT-COUNTERCLAIM PLAINTIFFS, AND JAMES MILANA, THOMAS MILANA, SR., LEN GOLDSTEIN, FRAN K CACCAMO, GARY FRAGIN, JACK GLUCK, GRUBER & HEITNER, CERTIFIED PUBLIC ACCOUNTANTS, AND ROBERT GRUBER, ADDITIONAL DEFENDANTS.
The opinion of the court was delivered by: Laura Taylor Swain, District Judge
1. It is hereby ORDERED that a pre-trial conference shall be held in the
above-captioned matter on July 25, 2003 at 4:15 p.m. in Courtroom No.
444, 40 Foley Square, New York, New York 10007. It is further
2. ORDERED that counsel*fn1 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. The disclosures required by Fed.R.Civ.P. 26(a)(1).
c. Contested and uncontested legal issues.
e. Whether mediation might facilitate resolution of the case.
f. Whether the case is to be tried to a jury.
g. Whether each party consents to trial of the case by a magistrate
h. Anticipated further discovery and an appropriate deadline for the
conclusion of discovery.
i. Whether expert witness evidence will be required, and appropriate
deadlines for expert witness discovery.
j. Whether dispositive motions may be appropriate, and a deadline for
k. 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
3. 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) days before the
date set forth in paragraph 1 above a single document captioned
PRE-CONFERENCE 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) if no such report
has previously been submitted:
a. A concise statement of the nature of this action.
b. The status of settlement discussions and the prospects for
settlement of the action in whole or in part, provided that the
Pre-Conference Statement shall not disclose to the Court specific
settlement offers or demands.
c. 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
d. A concise statement of all material uncontested or admitted facts.
e. A concise statement of all uncontested legal issues.
f. A concise statement of all legal issues to be decided by the Court.
g. Each party's concise statement of material disputed facts.
h. A concise statement of the measure of proof and on whom the burden
of proof falls as to each cause of action or defense.
i. 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 consented).
j. 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.
k. The status of discovery, including the subjects on which further
disclosure may be needed, and whether any remaining discovery
should be conducted in phases or be limited to or focus upon
particular issues, a concise description of each party's plan for
any remaining discovery and a proposed discovery cut-off date.
l. Whether and to what extent expert evidence will be required, and
proposed deadlines for expert discovery.
m. 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
imposed. formf.wpd version 12/20/00 2
n. 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.
o. What work, if any, remains before the case w ill be trial-ready.
p. Any other information you believe may assist the Court in advancing
your case to settlement or trial.
q. 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
4. 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. It is further
5. 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.
6. In the event that any party fails to comply with this Order, the Court
may impose sanctions or take other action as appropriate. Such
sanctions and action may include assessing costs and attorneys' fees,
precluding evidence or defenses, dismissing the action, and/or the
imposition of other appropriate penalties.
IT IS SO ORDERED.