United States District Court, S.D. New York
February 14, 2005.
In Re: Ntl, Inc. Securities, et al.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE
This action having been assigned to me for all purposes, it is
ORDERED as follows:
1. Counsel receiving this order shall promptly mail copies hereof to
all other counsel of record or, in the case of parties for which no
appearance has been made, to such parties.
2. Counsel for all parties are directed to confer regarding an agreed
scheduling order. If counsel are able to agree on a schedule and the
agreed schedule calls for filing of the pretrial order not more than six
(6) months from the date of this order, counsel shall sign and file
within thirty (30) days from the date hereof a consent order in the form
annexed for consideration by the Court. If such a consent order is not
filed within the time provided, a conference will be held on 3/18/05 in
courtroom 12 D, 500 Pearl Street, New York, New York at 9:30 a.m.
3. Any party desiring a conference with the Court for purposes
of discussing settlement, narrowing of issues, or other pertinent
pretrial matters may request a conference by letter.
Consent Scheduling Order
Upon consent of the parties, it is hereby
ORDERED as follows:
1. No additional parties may be joined after ____.
2. No amendments to the pleadings will be permitted after ____.
3. The parties shall make required Rule 26(a)(2) disclosures with
(a) expert witnesses on or before ____;
(b) rebuttal expert witnesses on or before ____.
4. All discovery, including any depositions of experts, shall be
completed on or before ____.
5. A joint pretrial order in the form prescribed in Judge Kaplan's
individual rules shall be filed on or before ____.
6. No motion for summary judgment shall be served after the deadline
fixed for submission of the pretrial order. The filing of a motion for
summary judgment does not relieve the parties of the obligation to file
the pretrial order on time.
7. If any party claims a right to trial by jury, proposed voir dire
questions and jury instructions shall be filed with the joint pretrial
8. Each party or group of parties aligned in interest shall submit not
less than ten (10) days prior to trial (a) a trial brief setting forth a
summary of its contentions and dealing with any legal and evidentiary
problems anticipated at trial, and (b) any motions in limine.
9. This scheduling order may be altered or amended only on a showing of
good cause not foreseeable at the date hereof. Counsel should not assume
that extensions will be granted as a matter of routine.
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