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Advantage Battery Corp. v. Pretrial Preparation Steelscape

August 29, 2008

ADVANTAGE BATTERY CORPORATION, PLAINTIFF(S),
v.
PRETRIAL PREPARATION STEELSCAPE, INC., DEFENDANT(S).



The opinion of the court was delivered by: Maxine M. Chesney United States District Judge

ORDER

It is hereby ORDERED pursuant to Federal Rules of Civil Procedure and the Local Rules of this Court:

JURY TRIAL DATE: Monday, September 14, 2009 at 9:00 a.m., Courtroom 7, 19th floor.

TRIAL LENGTH is estimated to be 10 days.

DISCOVERY PLAN: Per Federal Rules of Civil Procedure and Local Rules, subject to any provisions below.

NON-EXPERT DISCOVERY CUTOFF April 3, 2009 .

DESIGNATION OF EXPERTS:

Plaintiff: No later than April 24, 2009 .

Defendant: No later than May 8, 2009 . Plaintiff/Defendant: Rebuttal no later than May 22, 2009 .

Parties shall conform to Federal Rule of Civil Procedure 26(a)(2).

EXPERT DISCOVERY CUTOFF June 5, 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 June 19, 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: September 1, 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 July 27, 2009 .

FURTHER STATUS CONFERENCE: Friday, June 26, 2009 at 10:30 a.m.

FURTHER STATUS CONFERENCE STATEMENT DUE: Friday, June 19, 2009.

ADDITIONAL ORDERS:

Case referred for Private Mediation by agreement of the parties - deadline to complete private mediation is June 15, 2009.

Deadline for defendant to amend without leave of Court to add affirmative defenses is October 1, 2008.

Deadline to file motions or stipulation to amend is February 9, 2009.

Deadline for defendant to file without leave of Court any third party complaint is September 15, 2008.

PLAINTIFF IS ORDERED TO SERVE A COPY OF THIS ORDER ON ANY PARTY SUBSEQUENTLY JOINED IN THIS ACTION.

PRETRIAL INSTRUCTIONS

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.

2. JURY INSTRUCTIONS:

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 ...


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