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Payne v. Coburn

United States District Court, N.D. New York

June 22, 2018

BERTRAM PAYNE, Plaintiff,
v.
C.O. COBURN et al., Defendants.

          FOR PLAINTIFF: BERTRAM PAYNE THE KINDLON LAW FIRM, PLLC Pro Bono Trial Counsel ANTHONY M. PASTEL, ESQ. GENNARO D. CALABRESE, ESQ.

          FOR DEFENDANTS: HON. BARBARA UNDERWOOD New York Attorney General SHANNAN COLLIER KRASNOKUTSKI Assistant Attorney General

          TRIAL ORDER

          GARY L. SHARPE, U.S. DISTRICT JUDGE.

         All relevant Uniform Pretrial Scheduling Order deadlines having expired in the above captioned case, it is hereby designated “trial ready, ” and a jury term has been scheduled to begin on Monday, August 13, 2018. All parties shall be prepared to proceed according to the schedule recited in this order and attachments unless on or before July 19, 2018, all parties in a specific action file a Consent to the Exercise of Jurisdiction by a Magistrate Judge. See General Order 25, 28 U.S.C. § 636(c), L.R. 72.2(b), and Attachment. In the latter event, the court will issue an Order of Reference, the case will be removed from the trial ready list, and it will be referred to a United States Magistrate Judge for all further proceedings, including the scheduling of pretrial submissions and trial.

         The parties are further advised that should a case be removed from the trial ready list because of settlement or some other factor, on or after Thursday, August 9, 2018, at 3:00 p.m., the court may impose sanctions pursuant to L.R. 47.3.

         PRETRIAL SUBMISSIONS[1]

         The pretrial submissions required by Attachment 1 shall be filed on or before 4:00 p.m. on July 23, 2018 (approximately two weeks before the final pretrial conference), or earlier in accordance with the generic schedule recited in Attachment 1, as supplemented by the specific dates set forth below:

         1. On or before 4:00 p.m. on July 23, 2018 (approximately two weeks before the final pretrial conference), the parties shall file:

(a) Joint Pretrial Stipulation (See Attachment 1, ¶ 1);
(b) Court Ordered Voire Dire (See Attachment 1, ¶ 2, and Attachment 2);
(c) Proposed Voire Dire (See Attachment 1, ¶ 3);
(d) Witness List (See Attachment 1, ¶ 4);
(e) Exhibit List (See Attachment 1, ¶ 5(4));
(f) Trial Brief (See Attachment 1, ¶ 6);
(g) Requests to Charge and Proposed Special Verdict Form (See Attachment 1, ¶ 7);
(h) Motions In Limine (See Attachment 1, ¶ 8); and,
(I) Depositions (See Attachment 1, ¶ 9);

         2. On or before 4:00 p.m. on July 30, 2018 (approximately one week before the final pretrial ...


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