Filed: Mar. 21, 2016
Latest Update: Mar. 21, 2016
Summary: OPINION AND ORDER RICHARD J. SULLIVAN , District Judge . IT IS HEREBY ORDERED THAT a bench trial shall commence on June 6, 2016 at 10:00 a.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED THAT, by May 2, 2016, the parties shall jointly submit a Proposed Pretrial Order that includes, in separately numbered paragraphs, the information required by Federal Rule of Civil Procedure 26(a)(3), as well as the following
Summary: OPINION AND ORDER RICHARD J. SULLIVAN , District Judge . IT IS HEREBY ORDERED THAT a bench trial shall commence on June 6, 2016 at 10:00 a.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED THAT, by May 2, 2016, the parties shall jointly submit a Proposed Pretrial Order that includes, in separately numbered paragraphs, the information required by Federal Rule of Civil Procedure 26(a)(3), as well as the following i..
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OPINION AND ORDER
RICHARD J. SULLIVAN, District Judge.
IT IS HEREBY ORDERED THAT a bench trial shall commence on June 6, 2016 at 10:00 a.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED THAT, by May 2, 2016, the parties shall jointly submit a Proposed Pretrial Order that includes, in separately numbered paragraphs, the information required by Federal Rule of Civil Procedure 26(a)(3), as well as the following information:
i. The full caption of the action;
ii. The names, addresses (including firm names), and telephone and fax numbers of trial counsel;
iii. A brief statement by Plaintiff as to the basis of subject-matter jurisdiction and a brief statement by Defendants as to the presence or absence of subject-matter jurisdiction, each of which shall include citations to all authority relied on and relevant facts as to citizenship and jurisdictional amount;
iv. A brief summary by each party of the claims and defenses that the party has asserted that remain to be tried — without recital of evidentiary matters but with citations to all statutes on which the party has relied — and of the claims and defenses that the party has previously asserted that are not to be tried;
v. A statement by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed;
vi. A statement as to whether all parties have consented to a trial of the case by a magistrate judge (without identifying which party or parties have or have not so consented);
vii. Any stipulations of fact or law that have been agreed upon by the parties;
viii. A statement by each party as to the witnesses whose testimony is to be offered in the party's case-in-chief;
ix. A designation by each party of deposition testimony to be offered in the party's case-in-chief, with any cross-designations and objections by any other party;
x. A list by each party of exhibits to be offered in the party's case-in-chief, with an indication as to whether any party objects to any such exhibits and a brief statement of the nature of the objection (e.g., "relevance," "authenticity," "hearsay"); and
xi. A statement of whether the parties consent to less than a unanimous verdict.
IT IS FURTHER ORDERED THAT the parties shall jointly file with the Proposed Pretrial Order the following submissions:
i. Proposed voir dire questions — a copy of which shall be emailed to chambers in a Word version — which shall include the text of any requested question and should consist of a single document and note any areas of disagreement between the parties;
ii. A proposed verdict form — a copy of which shall be emailed to chambers in a Word version — and which should consist of a single document and note any areas of disagreement between the parties;
iii. Proposed jury instructions — a copy of which shall be emailed to chambers in a Word version — and which shall include the text of any requested instruction and a citation, if relevant, to the authority from which such instruction derives, and should consist of a single document and note any areas of disagreement between the parties;
iv. Motions addressing any evidentiary or other issues that should be resolved in limine; and
v. If a party believes that it would be useful, a pretrial memorandum, not to exceed 10 pages.
IT IS FURTHER ORDERED THAT, within one week of the filing of the Proposed Pretrial Order, any party may file the following documents:
i. Oppositions to any motions in limine; and
ii. Oppositions to any legal arguments set forth in a pretrial memorandum.
Finally, IT IS FURTHER ORDERED THAT the parties shall appear for a final pretrial conference on Tuesday, May 31, 2016 at 3:00 p.m. to discuss the trial, which, as ordered above, will commence on the morning of June 6, 2016.
SO ORDERED.
