United States District Court, S.D. New York
April 21, 2005.
NEVILLE EVANS, Plaintiff,
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
The joint pretrial order in this case was due on September 30,
2003, a deadline ignored by the parties. By order dated March 7,
2005, the Court directed plaintiff to submit a draft joint
pretrial order to the defendant by March 22, 2005 and that the
parties file the joint pretrial order no later than April 7,
later extended to April 19, 2005. No joint pretrial order has
been filed. Rather, defendant has filed its own version, stating
that plaintiff's counsel submitted his proposed revisions after 5
p.m. on April 19, 2005 so late that it was impossible to file a
joint product. Plaintiff on April 19, 2005 filed a purported
pretrial order (not a joint pretrial order) that bears little
resemblance to that submitted by defendant.
The Court will not tolerate this persistent failure to comply
with its requirements. Now that drafts have been exchanged, the
parties are directed to meet in person and to work out a single,
joint pretrial order conforming in all respects to the form
prescribed by the Court's individual practices. The plaintiff's
counsel is directed to file that joint pretrial order on or
before April 27, 2005.
Any failure to comply with this or any other order of the Court
may result in the imposition of sanctions, which may be case
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