Opinion
02 CIV. 274 (DLC)
March 14, 2003
ORDER
By Order of August 21, 2002, defendants Equifax Credit Information, Experian and Trans Union were to submit any pretrial motions no later than February 14, 2003. No motions have been filed by any of these defendants. Also by Order of August 21, plaintiff Aror Ark O'Diah was required to submit (within two weeks after the time for filing motions had passed if no motion had been filed) a concise, written pretrial statement. As no motions have been filed, this statement was due on February 28. Plaintiff has not filed a pretrial statement. Therefore, it is hereby ORDERED that plaintiff must submit, no later than April 18, 2003, a concise written Pretrial Statement in support of the claims he intends to try against these three defendants. This Statement need take no particular form, but it must contain the following: 1) a statement of the facts plaintiff hopes to prove at trial; 2) a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and 3) a list of the names and addresses of all witnesses plaintiff intends to have testify at trial. The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff. Plaintiff shall file an original of this Statement with the Clerk of Court and serve a copy on the attorneys for defendants. The original filed with the Clerk of Court must include a certificate stating the date a copy was mailed to the attorneys for the defendants.
IT IS FURTHER ORDERED that these three defendants file and serve a similar Statement of their case containing the same information two weeks after service of plaintiff's Statement. These defendants are further directed to file simultaneously with their Statement proposed findings of fact and conclusions of law, if the case is to be tried to the Court, or a proposed jury charge, if it will be tried before a jury. The pro se plaintiff may also file either proposed findings of fact and conclusions of law or a proposed jury charge, but the plaintiff is not required to do so.
IT IS FURTHER ORDERED that any party may be prevented from presenting at trial any information that is not included in the required Statements.
IT IS FURTHER ORDERED that failure by the plaintiff to submit this Statement by April 18, or to request an extension by April 18 based on a showing of good cause, will result in this action, with respect to these three defendants, being dismissed for failure to prosecute.
SO ORDERED