Opinion
No. 02 Civ. 1754 (LTS)(AJP)
April 4, 2002
PRELIMINARY PRE-TRIAL ORDER
1. It is hereby ORDERED that a pre-trial conference shall be held in the above-captioned matter on May 16, 2002 at 11:00 a.m. in Courtroom No. 444, 40 Foley Square, New York, New York 10007. It is further
2. ORDERED that counsel for plaintiff(s) shall serve a copy of this Preliminary Pre-Trial Order on each defendant within ten (10) calendar days following the date of this order, and that a copy of this Preliminary Pre-Trial Order shall also be served with any subsequent process that brings in additional parties, and that proof of such service shall be filed with the Court promptly. It is further
As used in this Order, the term "counsel" shall, in the case of an individual party who is proceeding Pro-se, mean such party.
3. ORDERED that counsel for the parties confer preliminarily at least twenty-one (21) days prior to the date set forth in paragraph 1 above to discuss the following matters: a. The differences, if any, between the claims asserted and the anticipated defenses in the above-captioned case and the following actions: Marshall v. Orapello, 02 Civ. 1756, Marshall v. Wavpotich, 01 Civ. 3086, Marshall v. NALC, 00 Civ. 3167.
b. Facts that are not disputed and facts that are in dispute.
c. Contested and uncontested legal issues.
d. Anticipated amendments to the pleadings, and an appropriate deadline therefor.
e. Settlement.
f. Whether mediation might facilitate resolution of the case.
g. Whether the case is to be tried to a jury.
h. Whether each party consents to trial of the case by a magistrate judge.
i. Whether dispositive motions may be appropriate, and a schedule for such motions.
It is further
4. ORDERED that counsel for all parties shall confer and shall prepare, execute and file with the Court, with one courtesy copy provided to chambers of the undersigned, no later than seven (7) calendar days before the date set forth in paragraph 1 above a single document captioned PRELIMINARY PRE-TRIAL STATEMENT, which shall be signed by all counsel, which shall set forth the following information, and which shall constitute the written report required by Fed.R.Civ.P. 26(f):
a. A concise statement of the differences, if any, between the claims asserted and the anticipated defenses in the above-captioned case and the following actions: Marshall v. Orapello, 02 Civ. 1756, Marshall v. Wavpotich, 01 Civ. 3086, Marshall v. NALC, 00 Civ. 3167.
b. A concise statement of each party's position as to the basis of this Court's jurisdiction of the action, with citations to all statutes relied upon and relevant facts as to citizenship and jurisdictional amount.
c. Whether and to what extent amendments to pleadings and/or the addition or substitution of parties will be required, and proposed deadlines therefor.
d. A statement as to whether all parties consent to trial of the case by a magistrate judge (without identifying which parties have or have not so consented).
It is further
5. ORDERED that counsel shall be prepared to discuss the foregoing at the pre-trial conference, as well as whether mediation may be helpful in resolving this case, and anticipated dispositive motions and a deadline therefor. It is further
6. ORDERED that, in the event that any party fails to comply with this Order, the Court may impose sanctions or take other action as appropriate. Such sanctions and action may include assessing costs and attorneys' fees, precluding evidence or defenses, dismissing the action, and/or the imposition of other appropriate penalties. It is further
7. ORDERED that all discovery in this action is stayed pending the conference and further order of the Court.
IT IS SO ORDERED.