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KUSHNER v. SUMMIT TRADING LTD.
August 25, 2003
CEDRIC KUSHNER, PLAINTIFF(S), AGAINST SUMMIT TRADING LTD., 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 September 5, 2003 at 9:30
a.m. in Courtroom No. 444, 40 Foley
Square, New York, New York 10007. It is further
2. 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
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).
3. ORDERED that counsel for the parties confer
immediately to discuss the following
a. Facts that are not disputed and facts that
are in dispute.
b. Contested and uncontested legal issues. [ Page 2]
c. The disclosures required by Fed.R. Civ.
d. Status of and any anticipated amendments to
the pleadings, and an appropriate deadline
f. Whether mediation might facilitate resolution
of the case.
g. Whether each party consents to resolution of
the case by a magistrate judge.
h. Anticipated discovery and an appropriate
deadline for the conclusion of discovery.
i. Whether dispositive motions may be
appropriate, and a deadline for such motions.
j. The status of briefing on the stay
application and a schedule for any further
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.
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
e. A concise statement of all legal issues to be
decided by the Court.
f. Each party's concise statement of material
g. Whether and to what extent further pleadings
and/or the addition or substitution of
parties will be required, and proposed
h. A statement as to whether all parties consent
to resolution of the case by a magistrate
judge without identifying which parties have
or have not so consented).
i. 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.
j. 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
k. 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.
l. Identification of and a proposed schedule
for any further briefing that may be
It is further
5. ORDERED that counsel shall be prepared to
discuss the foregoing at the pre-trial
[ Page 3]
as well as whether mediation may be helpful in
resolving this case. It is further
6. 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
7. 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
IS SO ORDERED. [ Page 1]
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