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
discovery in other cases where practicable to reduce costs and
(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. § 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
(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
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