It is hereby ORDERED pursuant to Federal Rules of Civil Procedure and the Local Rules of this Court:
JURY TRIAL DATE: Monday, April 20, 2009 at 9:00 a.m., Courtroom 7, 19th floor.
TRIAL LENGTH is estimated to be 5 days.
DISCOVERY PLAN: Per Federal Rules of Civil Procedure and Local Rules, subject to any provisions below.
NON-EXPERT DISCOVERY CUTOFF November 7, 2008 .
DESIGNATION OF EXPERTS: Plaintiff/Defendant: No later than November 28, 2008 .
Plaintiff/Defendant: Rebuttal no later than December 12, 2008.
Parties shall conform to Federal Rule of Civil Procedure 26(a)(2).
EXPERT DISCOVERY CUTOFF January 2, 2009 .
DISCOVERY MATTERS are referred to a Magistrate Judge and are to be noticed for hearing before the assigned Magistrate Judge.
DISPOSITIVE MOTIONS shall be filed no later than January 16, 2009 , and shall be noticed for hearing 35 days thereafter.
SETTLEMENT CONFERENCE shall be held before Magistrate Judge ___________ and scheduled to take place no later than 30 days prior to the Pretrial Conference.
PRETRIAL CONFERENCE DATE: April 7, 2009 at 3:00 p.m.
COUNSEL WHO INTEND TO TRY THE CASE MUST ATTEND THE PRETRIAL CONFERENCE. Counsel shall be prepared to discuss all aspects of the case, including settlement. Pretrial shall conform to the attached instructions.
MEET AND CONFER (Civil L.R. 16-10(b)(5): Lead trial counsel shall meet and confer no later than March 2, 2009.
FURTHER STATUS CONFERENCE: Friday, January 30, 2009 at 10:30 a.m.
FURTHER STATUS CONFERENCE STATEMENT DUE: Friday, January 23, 2009..
ADDITIONAL ORDERS: Case referred to Private Mediation by agreement of the parties.
Deadline for plaintiff to substitute Doe defendant is February 21, 2007.
Deadline to amend is April 21, 2008.
PLAINTIFF IS ORDERED TO SERVE A COPY OF THIS ORDER ON ANY PARTY SUBSEQUENTLY JOINED IN THIS ACTION.
MAXINE M. CHESNEY United States District Judge
Counsel SHALL meet and confer in good faith in advance of complying with the following pretrial requirements for the purpose of preparing for the Pretrial Conference and to discuss settlement.
A. TEN COURT DAYS PRIOR TO PRETRIAL CONFERENCE
The following shall be accomplished not later than ten Court days prior to the scheduled Pretrial Conference:
1. PRETRIAL STATEMENT: The parties shall file a joint pretrial statement which shall set forth:
(1) The substance of the action;
(2) The relief claimed, including the particular elements of the damages claimed;
(3) The factual issues remaining, as well as any stipulations of fact;
(4) The legal issues, including a concise statement of each disputed point of law concerning liability or relief and citing supporting statutory and case law;
(5) A current estimate as to the length of the trial;
(6) The status of the case with respect to alternative dispute resolution.
a. Joint Set of Agreed Upon Instructions:
The parties shall jointly prepare a set of agreed upon jury instructions, which shall be filed ten Court days prior to the Pretrial Conference. Whenever possible, counsel shall deliver to the Courtroom Deputy a copy of their proposed jury instructions, in the same order as their joint submission, on a CD or 3-1/2" floppy disk in WordPerfect format. The disk label shall include the name of the parties, the case number and a description of the documents.
b. Separate Instructions:
Separate instructions may be submitted only as to those instructions upon which the parties cannot agree. Each separate instruction shall note on its face the identity of the party submitting such instruction.
No later than ten Court days prior to the Pretrial Conference, the party or parties objecting to an instruction shall file a written objection to such instruction. The form of the objection shall be as follows:
(1) Set forth in full the instruction to which the objection is made;
(2) Provide concise argument and citations to authority explaining why the opposing party's instruction is improper; and
(3) Set forth in full an alternative instruction, if any.
The separate instructions with objections shall be filed ten Court days prior to ...