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JOHNSON v. ARMS

United States District Court, E.D. New York


March 4, 2004.

JAQUIONE JOHNSON, Plaintiff, -against- BRYCO ARMS, et al., Defendants; JOAN TRUMAN SMITH, Plaintiff, -against- BRYCO ARMS, et al., Defendants

The opinion of the court was delivered by: JACK WEINSTEIN, Senior District Judge

MEMORANDUM AND ORDER

A pre-trial conference was held on March 3, 2004. After hearing from the parties, the court concludes:

(1) Discovery in the two cases will be consolidated. Discovery in either case may be used in both cases. The magistrate judge is respectfully requested to expedite discovery, using Page 2 discovery in other cases where practicable to reduce costs and time.

  (2) The issue of the use of materials from the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") obtained in NAACP v. Acusport. Inc., 271 F. Supp.2d 435 (E.D.N.Y. 2003) and other cases is referred to the magistrate judge. The magistrate judge shall consider the effect on discovery, if any, of the recent law limiting disclosure of ATF trace data to the public. See Consolidated Appropriations Act of 2004, 28 U.S.C. ยง 530C (2004) ("That no funds appropriated under this or any other Act may be used to disclose to the public the contents or any portion thereof of any information required to be kept by licensees pursuant to section 923(g) of title 18, United States Code, or required to be reported pursuant to paragraphs (3) and (7) of section 923(g) of title 18, United States Code.").

  (3) The issue of liability will be tried on a consolidated basis; liability issues will be tried first. The issue of damages will be tried next before the same jury, but separately as to each plaintiff; the jury will reach a verdict on damages in the first case before proceeding to consider damages in the second case. The issue of punitive damages, if any, will be tried last; it will be tried jointly as to the two plaintiffs.

  (4) Any motions to dismiss are to be returnable on or before May 12, 2004, Any motions regarding the use of ATF trace data are to be returnable on or before May 12, 2004. Any summary judgment motions are to be returnable on or before September 1, 2004. The magistrate judge will set necessary scheduling orders if the parties can not agree.

  (5) A pre-trial conference will be held on September 1, 2004.

  (6) The trial will begin on September 20, 2004 at 10 a.m. A pool of 100 jurors is to be assembled. The jurors will be asked to complete a written questionnaire. Page 3

  SO ORDERED

20040304

© 1992-2004 VersusLaw Inc.



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