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DEAJESS MEDICAL IMAGING PC v. ALLSTATE INSURANCE COMPANY
June 9, 2003
DEAJESS MEDICAL IMAGING PC, ET AL., PLAINTIFF(S), AGAINST ALLSTATE INSURANCE COMPANY, DEFENDANT(S).
The opinion of the court was delivered by: Laura Taylor Swain, 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 September 5, 2003 at 11:00 a.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 decided by the Court.
f. Each party's concise statement of material disputed facts.
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 such party.
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 consented).
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 date.
n. Whether and to what extent expert evidence will be required, and
proposed deadlines for expert discovery.
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
imposed.
p. The status of settlement discussions and the prospects for
settlement of the action ...