United States District Court, S.D. New York
January 6, 2004.
ANTHRACITE CAPITAL, INC., Plaintiff, -v- MP-808 SOUTH OLIVE MEZZANINE, LLC; ROBERTF. MAGUIRE, III; and "ABC Corp. No. 1 "through "ABC Corp. No. 100", the last one hundred names being fictitious and unknown to plaintiff, the persons or parties intended being the persons, companies, or corporations, if any, having or claiming an interest in certain collateral described in the First Amended Complaint, Defendants
The opinion of the court was delivered by: DENISE COTE, District Judge
PRETRIAL SCHEDULING ORDER
As set forth at the pretrial conference held pursuant to Rule 16,
Fed.R. Civ. P., on October 31, 2003, the following schedule shall govern
the further conduct of pretrial proceedings in this case:
1. No additional parties could be joined after
December 5, 2003.
2. No additional causes of action or defenses could be
asserted after December 5, 2003.
3. The parties are instructed to contact the chambers
of Magistrate Judge Peck prior to January 16, 2004
in order to pursue settlement discussions under his
4. All fact discovery must be completed by May 7,
5. Plaintiff's identification of experts and
disclosure of expert testimony conforming to the
requirements of Rule 26(a)(2)(B), Fed.R.Civ. P.,
must occur by June 18, 2004. Defendant's
identification of experts and disclosure of expert
testimony must occur by July 16, 2004.
6. All expert discovery must be completed by August
7. The Joint Pretrial Order must be filed by September
As described in this Court's Individual Practices
in Civil Cases, the following documents must be
filed with the Pretrial Order: Proposed Findings of
Fact and Conclusions of Law and a Memorandum of Law
addressing all questions of law expected to arise
at trial. Any responsive papers are due one week
All direct testimony except for testimony of an
adverse party, a person whose attendance must be
compelled by subpoena, or a witness for whom a
party has requested and the Court has agreed to
hear the direct testimony at trial, shall be
submitted by affidavits served, but not filed, with
the Joint Pretrial Order.
Those portions of depositions that are being
offered as substantive evidence, along with a
one page synopsis (with transcript citations)
of such testimony for each deposition, shall
be exchanged at the time the Pretrial Order
Three days after submission of the affidavits,
counsel for each party shall submit a list of all
affiants that he or she intends to cross-examine at
the trial. Affiants for whom such notice is not
given are not required to be present at trial.
Counsel will provide the Court with two (2)
courtesy copies of all these documents at the time
they are served, as well as two sets of pre-marked
exhibits assembled sequentially i) in a looseleaf
binder, or ii) in separate manila folders labeled
with the exhibit numbers and placed in a suitable
container or box for ready reference.
8. IT IS HEREBY ORDERED that the case is placed on the
October 2004 trial ready calendar. You must be
ready to proceed on 24 hours notice. You may
contact the Deputy Clerk, Gloria Sanchez, to learn
where your case stands on the calendar.
IT IS FURTHER ORDERED that the following procedures
shall govern the conduct of the trial.
a. All exhibits must be pre-marked.
b. At the start of the trial each party will
present the Court with three copies of a
complete exhibit list.
The exhibits should include expert reports,
and any charts or summaries of evidence.
c. Counsel should be available every day at 9:00
a.m. (except for the first day of trial) in order
to discuss with the Court any legal or
evidentiary issues expected to arise during the
d. Testimony will generally be taken between
9:30 and 5:00 from Monday through Thursday.
There will be a mid-morning, a mid-afternoon
and a lunch break from 12:45 to 2:00 p.m.
e. Counsel should make certain that they have
custody of all original exhibits. The Court
does not retain them and the Clerk is not
responsible for them.
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