United States District Court, S.D. New York
June 10, 2004.
CHRISTINE GALLIMORE-WRIGHT, Plaintiff,
THE LONG ISLAND RAILROAD COMPANY, Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
By order dated May 14, 2004, the Court determined that the
initial proposed joint pretrial failed to conform to its
requirements in that, among other things:
"The list of proposed plaintiff's exhibits is
deficient. Plaintiff is to premark and list each
individual document or thing that she proposes to
offer in evidence. Such generic descriptions as
"[r]ecords of Plaintiff's Union," "Records of EEOC . . .
regarding all charges filed by plaintiff against
the LIRR," "[p]laintiff's complete disciplinary
records . . . inclusive of and transcripts of
proceedings conducted by defendant and all exhibits
attached thereto," and "[o]ffice notes, reports,
records & bills of: Dr. Norman Tieman[,] Richard W.
Johnson, MD[, and] Rasool Shama, MD" are not
It directed the submission of a compliant joint pretrial order.
The current version is little better in this respect than the
former. Many of the exhibits have not been premarked. In many
cases individual documents are not listed. The reliance on
generic descriptions of vast quantities of documents e.g.,
"[a]ll documents marked as exhibits at the various depositions
had herein," "[i]mpeachment evidence as necessary," and
"[r]ecords of EEOC, Charges of Discrimination, Right to Sue
Letters, and any submissions made by any party thereto regarding
all charges filed by plaintiff against the LIRR" continues
In the circumstances, the Court's endorsement of the joint
pretrial order is not intended as approval of this blatant
failure to comply with the May 14, 2004 order. Plaintiff is
directed to show cause, on or before June 16, 2004, why she
should not be precluded from offering in evidence all plaintiff's
exhibits listed in the current version of the joint pretrial
order except Exhibits 6, 11, 21, 22, 25, 30, 35, 38 and 39.
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