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GALLIMORE-WRIGHT v. LONG ISLAND RAILROAD COMPANY

United States District Court, S.D. New York


June 10, 2004.

CHRISTINE GALLIMORE-WRIGHT, Plaintiff,
v.
THE LONG ISLAND RAILROAD COMPANY, Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

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 acceptable."
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 substantially unabated.

  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.

  SO ORDERED.

20040610

© 1992-2004 VersusLaw Inc.



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