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BRAUN v. LEBLANC
June 10, 2003
BRAUN, PLAINTIFF(S), AGAINST LEBLANC, 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 June 10, 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 June 30, 2003.
a. All non-expert witness discovery in this matter shall be completed
by October 17, 2003.
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 October 17, 2003.
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 October 31, 2003. 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 document captioned JOINT PRE-TRIAL
STATEMENT, which shall include:
a. A concise statement of the legal issues to be decided.
b. A concise statement of the material facts not in dispute.
c. A witness list containing the names, addresses and a brief summary
of the testimony of each witness each party will call. A person not
identified on this list may not be called during a party's case in
d. A final exhibit list containing a description of all exhibits to be
offered at trial, with one star indicating exhibits to which no
party objects on grounds of authenticity and two stars indicating
exhibits to which no party objects on any ground. Exhibits not
identified on this list may not be offered during a party's case in
chief. Each exhibit shall be marked and the list shall identify the
exhibits by their numbers or letters.
i. Plaintiff's exhibits shall be identified with numbers as
follows: Plaintiffs' Exhibit 1; Plaintiff's Exhibit 2; etc.
ii. Defendant's exhibits shall be identified with letters as
follows: Defendant's Exhibit A; Defendant's Exhibit B; etc. If
there is more than one plaintiff or defendant, the parties
shall confer so as to avoid duplication of exhibit
e. A list of the depositions, if any, to be offered at trial.
f. Stipulations, if any, as to the admissibility of exhibits and
g. A brief explanation of the objections, if any, to the exhibits to
be offered at trial, including citation to the relevant legal
h. A brief explanation of the objections, if any, to the depositions
to be offered at trial, including citation to the relevant legal
i. Each party's statement as to whether the case is to tried before a
j. A statement as to whether or not all parties consent to trial of
the case by a magistrate judge (without identifying which parties
have or have not so consented).
k. Each party's estimate of the time required for presentation of its
When feasible, the Joint Pre-Trial Statement should also be submitted
to Chambers on a CD-Rom or 3.5" diskette in WordPerfect version 6 or
The following documents must be annexed to, or submitted to Chambers
concurrently with, the Joint Pre-Trial Statement:
One copy of each documentary exhibit to be offered at trial. Such
exhibits must be pre-marked. In the event that a party intends to
offer more than 15 documentary exhibits at the trial, the exhibits
should be tabbed or included in a binder for easy reference.
Counsel shall bring on the day of trial additional pre-marked
copies for use by witnesses, the courtroom deputy, opposing parties
and (if applicable) the jury.
7. Proposed Voir Dire, Requests to Charge and Verdict Form
In a case to be tried before a jury, each party shall serve on each
other party and file with the Court no later than five (5) business
days before the Final Pre-Trial Conference formc3.wpd version 5/3/02 3
date set forth in paragraph 9 below, its proposed voir dire, requests
to charge and verdict form. Prior to service and filing of the
proposed voir dire and requests to charge, counsel shall provide
copies of their proposed voir dire and requests to charge for
inspection by opposing counsel and for noting of objection.
Stipulations, if any, as to the agreed proposed requests to charge and
a brief explanation of the objections, if any, to any disputed
requests to charge, including citations to the relevant legal
authority shall be included with the submissions made pursuant to this
paragraph. When feasible, ...
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