The opinion of the court was delivered by: DENISE COTE, District Judge
For the reasons given in the accompanying Memorandum Opinion,
it is hereby
ORDERED that plaintiff's motion for summary judgment is denied.
IT IS FURTHER ORDERED that plaintiff shall have the opportunity
to renew its summary judgment motion in the manner described in
the accompanying Memorandum Opinion by July 29, 2005. Defendant
may submit opposition to any renewed motion by August 12, 2005.
IT IS FURTHER ORDERED that, if no such motion is filed, the
action shall be conducted according to the following schedule.
The parties are instructed to contact the chambers of
Magistrate Judge Kevin N. Fox prior to August 12, 2005 in order
to pursue settlement discussions under his supervision.
1. No additional parties may be joined or pleadings amended
after August 26, 2005.
2. All fact discovery must be completed by December 16, 2005.
3. The Joint Pretrial Order must be filed by January 20, 2006.
As described in this Court's Individual Practices in Civil
Cases, the following documents must be filed with the Pretrial Order; Proposed Findings of Fact and Conclusions of Law and a
Memorandum of Law addressing all questions of law expected to
arise at trial. Any responsive papers are due one week
All direct testimony shall be by affidavit, except for
testimony of an adverse party, a person whose attendance must be
compelled by subpoena, or a witness for whom a party has
requested and the Court has agreed to hear the direct testimony
at trial. The affidavits shall be served, but not filed, with
the Joint Pretrial Order.
Those portions of depositions that are being offered as
substantive evidence, along with a one page synopsis (with
transcript citations) of such testimony for each deposition,
shall be exchanged at the time the Pretrial Order is filed.
Three days after submission of the affidavits, counsel for each
party shall submit a list of all affiants that he or she intends
to cross-examine at the trial. Affiants for whom such notice is
not given are not required to be present at trial.
Counsel will provide the Court, by delivery directly to
Chambers, two (2) courtesy copies of all these documents at the
time they are served, as well as two sets of trial exhibits,
pre-marked and assembled sequentially i) in a looseleaf binder,
or ii) in separate manila folders labeled with the ...