United States District Court, S.D. New York
January 6, 2004.
PFIZER INC., et ano. Plaintiffs, -against- STRYKER CORPORATION, Defendant
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
The parties have submitted a 340-page jointpretrial order that does
not comply with the Court's requirements. They have submitted separate
versions of Section I, the nature of the case. Section III, which is to
contain stipulated facts, contains no stipulated facts rather, it
contains separate proposals by each side for stipulations. Section V,
which is supposed to be a joint statement of the issues to be tried,
contains a separate version for each side and no agreement on anything.
The defendant, moreover, lists 229 issues that it contends must be tried.
Among the purposes of a joint pretrial order is a narrowing of the
issues for trial, the reaching of agreements on all matters that
reasonably can be agreed upon, and simplification. This case is a dispute
relating to a business transaction. Based on its prior experience with
the case, the Court knows that there is no genuine dispute as to a broad
range of the pertinent facts and that the issues for trial, if indeed any
survive the pending summary judgment motions, are fairly narrow.
Accordingly, the parties must make a serious effort to prepare a proper
joint pretrial order.
The parties are directed to file a second amended joint pretrial order
consistent with the individual practices of the undersigned and this
order on or before January 31, 2004. The Court notes also that
defendant's exhibits erroneously are designated with numbers rather than
letters as is required.
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