The opinion of the court was delivered by: Maxine M. Chesney United States District Judge
PRETRIAL PREPARATION ORDER
It is hereby ORDERED pursuant to Federal Rules of Civil Procedure and the Local Rules of this Court:
JURY TRIAL DATE: Monday, February 23, 2009 at 9:00 a.m., Courtroom 7, 19th floor.
TRIAL LENGTH is estimated to be 3 days.
DISCOVERY PLAN: Per Federal Rules of Civil Procedure and Local Rules, subject to any provisions below.
NON-EXPERT DISCOVERY CUTOFF September 12, 2008 .
Plaintiff/Defendant: No later than October 3, 2008 . Plaintiff/Defendant: Rebuttal no later than October 17, 2008.
Parties shall conform to Federal Rule of Civil Procedure 26(a)(2).
EXPERT DISCOVERY CUTOFF November 7, 2008 .
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 November 21, 2008 , and shall be noticed for hearing 35 days thereafter.
SETTLEMENT CONFERENCE shall be held before Magistrate Judge Joseph C. Spero , to be conducted in May 2008, his calendar permitting.
PRETRIAL CONFERENCE DATE: February 10, 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 January 5, 2009.
FURTHER STATUS CONFERENCE: Friday, November 7, 2008 at 10:30 a.m.
FURTHER STATUS CONFERENCE STATEMENT DUE: Friday, October 31, 2008.
PLAINTIFF IS ORDERED TO SERVE A COPY OF THIS ORDER ON ANY PARTY SUBSEQUENTLY JOINED IN THIS ACTION.
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.
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 the Pretrial Conference.
c. Substance and Format of Instructions
The instructions shall cover all substantive issues. Proposed instructions shall be consecutively numbered. Each proposed instruction shall be typed in full on a separate page and cover only one subject, to be indicated in the title. Citations to the authorities upon which the instruction is based shall be included. Instructions shall be brief, clear, written in plain English and free of argument. Pattern or form instructions shall be revised to address the particular facts and issues of this case.
d. Preliminary Statement and Instructions
If the parties wish to have a preliminary statement read to the jury, and/or preliminary instructions given to the jury, they shall jointly prepare and submit to the Court, one week prior to trial, the ...