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EDDY v. BAYER CORPORATION
August 25, 2003
GEORGE EDDY, JR., ET AL., PLAINTIFF(S), -AGAINST- BAYER CORPORATION, ET AL., DEFENDANT(S)
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 November 7, 2003 at 11:45
a.m. in Courtroom No. 444, 40 Foley
Square, New York, New York 10007. It is
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
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
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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
a. Facts that are not disputed and facts that are
b. Contested and uncontested legal issues.
c. The disclosures required by Fed.R.Civ.P.
d. Anticipated amendments to the pleadings, and
an appropriate deadline therefor.
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
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.
a. A concise statement of the nature of this
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
e. A concise statement of all legal issues to be
decided by the Court.
f. Each party's concise statement of material
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
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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
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
n. Whether and to what extent expert evidence
will be required, and proposed deadlines for
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 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
6. 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
7. 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
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8. In the event that any party fails to comply
with this Order, the Court may impose sanctions
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