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EVANS v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY

United States District Court, S.D. New York


April 21, 2005.

NEVILLE EVANS, Plaintiff,
v.
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Defendant.

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

ORDER

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 dispositive.

  SO ORDERED.

20050421

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