IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK HONORABLE ANDREW T. BAXTER UNIFORM PRETRIAL SCHEDULING ORDER Plaintiff, vs. Civil Action No. Defendant. Counsel for all parties having reported as directed by the Court on the status of this action, which is being heard by a United States Magistrate Judge on consent of the parties pursuant to 28 U.S.C. § 636(c), and the Court having considered the positions of the respective counsel regarding a schedule for the progression of the case, IT IS ORDERED that: 1) THE DEADLINES SET IN THIS SCHEDULING ORDER ARE FIRM AND WILL NOT BE EXTENDED, EVEN BY STIPULATION OF THE PARTIES, ABSENT GOOD CAUSE. See Fed. R. Civ. P. 16(b). 2) VENUE MOTIONS are to be filed within sixty (60) days of the date of this Order following the procedures set forth in Northern District of Local Rule ("L.R.") 7.1(b)(2) and are to be made returnable before the assigned Magistrate Judge. 1 American LegalNet, Inc. www.FormsWorkFlow.com 3) JURISDICTION MOTIONS are to be filed within sixty (60) days of the date of this Order and are to be made returnable before the assigned Magistrate Judge, following the procedures set forth in L.R. 7.1(b)(2). 4) JOINDER OF PARTIES: Any application to join any person as a party to this action shall be made on or before . 5) AMENDMENT OF PLEADINGS: Any application to amend any pleading in this action shall be made on or before , 6) DISCOVERY: All discovery in this matter is to be completed on or . Service of discovery requests must be made a sufficient before number of days before this deadline to allow responses to be served before the cut-off, including adding three days in the event of service by mail under Fed. R. Civ. P. 6(e). See L.R. 16.2. Special procedures for management of expert witnesses: There shall be binding disclosure of the identity of expert witnesses (including a curriculum vitae) as set forth below. (a) Expert Reports. With regard to experts who are retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony: (1) No later than , plaintiff shall identify such expert(s) and unless waived shall serve on the other parties the expert's written report containing the information required in Fed. R. Civ. P. 26(a)(2)(B). (2) No later than _____________, defendant(s) shall identify such expert(s) and unless waived shall serve on the other parties the expert's written report containing the information required in Fed. R. Civ. P. 26(a)(2)(B). 2 American LegalNet, Inc. www.FormsWorkFlow.com (3) No later than , the parties must identify any and all experts who will contradict or rebut evidence on the same subject matter identified by another party under subparagraphs 6(a)(1) and (2) above, and unless waived shall serve on the other parties such expert's written report containing the information required in Fed. R. Civ. P. 26(a)(2)(B). NOTE: If a treating physician is expected to be called as a witness, he or she must be identified by February 15, 2006. The production of written reports prepared by treating physicians pursuant to Fed. R. Civ. P. 26(a)(2)(B) is encouraged as an aid to settlement but is not required by the Court. (See Notes of Advisory Committee on Rules - 1993 Amendment). (4) All depositions of experts must be completed by ________________. (b) The failure to comply with the deadlines set forth in subparagraph (a) above may result in the imposition of sanctions, including the preclusion of testimony, pursuant to Fed. R. Civ. P. 16(f). (c) In order to avoid the possibility of the unavailability of an expert witness at the time set for trial, counsel may preserve the testimony of such witness as outlined in paragraph 11(B)(2) below for use at trial, and should be prepared for the possibility that the trial will proceed without such testimony if the testimony is not preserved. 7) MOTIONS other than those made under paragraphs 2 and 3 above are to be filed on or before : a) NON-DISPOSITIVE MOTIONS, INCLUDING DISCOVERY. Non-dispositive motions shall NOT be filed until after a conference with the Magistrate Judge, which is to be arranged through the Courtroom Deputy Clerk assigned to the Magistrate 3 American LegalNet, Inc. www.FormsWorkFlow.com Judge. Before requesting such a conference to resolve discovery disputes, the parties must have complied with L.R. 7.1(d). If necessary, the court may authorize a formal nondispositive motion to be filed after the conference. b) 8) All motions, whether dispositive or non-dispositive shall be filed in accordance with N.D.N.Y.L.R. 7.1(b)(2) and shall be made returnable before the assigned Magistrate Judge. If a party desires oral argument, the request should be included in the Notice of Motion. Unless oral argument is ordered by the court, all motions filed in the case will be decided on submission of papers. TRIAL DATES: (a) When no dispositive motion is filed and pending, the motion filing deadline becomes the trial ready date. In such a case the Court will issue a notice scheduling a Final Pretrial Conference in order to discuss outstanding issues and set a trial date. Counsel may contact Magistrate Judge Baxter’s Courtroom Deputy Clerk at any time, to request that a settlement conference or trial date be scheduled. (b) When a dispositive motion is filed, and provided that the motion filing deadline HAS expired, the case is marked trial ready upon issuance of the motion decision. PLAINTIFF'S COUNSEL shall contact Magistrate Judge Baxter’s Courtroom Deputy Clerk within one week after receiving the Court's decision on the motion, to request the scheduling of a Final Pretrial Conference. (c) When a dispositive motion is filed, and the motion filing deadline HAS NOT expired, the case will continue in accordance with the pretrial schedule previously set in this Rule 16 Uniform Pretrial Scheduling Order. Any request for an extension of the Rule 16 Uniform Pretrial Scheduling Order deadline(s) will be addressed by the assigned magistrate judge. It is anticipated that the trial will take approximately complete. to 4 American LegalNet, Inc. www.FormsWorkFlow.com This is a trial. The parties request that the trial be held in _________________, New York. 9) FINAL PRETRIAL CONFERENCE: As indicated above a final pretrial conference will be scheduled by the Court prior to the trial either sua sponte or as requested by the parties. At that conference the parties should be prepared to fully address any pretrial issues which exist in the action and to advise the court concerning settlement discussions which have occurred. 10) ASSESSMENT OF JUROR COSTS: The parties are advised that pursuant to L.R. 47.3, whenever any civil action scheduled for a jury trial is postponed, settled, or otherwise disposed of in advance of the actual trial, then, except for good cause shown, all juror costs, including Marshal's fees, mileage, and per diem expenses, shall be assessed against the parties and/or their counsel as directed by the Court, unless the Court and the Clerk's Office are notified at least one (1) full business day prior to the day on which the action is scheduled for trial in time to advise the jurors that it will be unnecessary for them to attend. 11) PRETRIAL SUBMISSIONS Mandatory Fed. R. Civ. P. 26(a)(3) Disclosures (Jury and NonJury Cases) i) Not later than fourteen (14) days before the Trial Date counsel shall provide to all other parties and file with the Court in duplicate the disclosures required under Fed. R. Civ. P. 26(a)(3). Note: The unavailability of any witness, expert or otherwise, will not be grounds for a continuance. In order to avoid the possibility of going forward with the trial without the testimony of an unavailable witness, counsel, where appropriate, shall preserve such testimony before the Trial Date by written or video-taped deposition for possible use at trial. Please refer to the attached instruction sheet for the use of video-taped depositions. 5 American LegalNet, Inc. www.FormsWorkFlow.com Those initial pretrial disclosures must include the following: a) The name and, if not previously provided, the address and telephone number of each witness, separately identifying those whom the party expects to present and those whom the party may call if the need arises; b) The designation of those witnesses whose testimony is expected to be presented by means of a deposition (including video-taped deposition), specifically identifying the pertinent portions of the deposition testimony to be offered; and c) An identification of each document or other exhibit, including summaries of other evidence which the party may offer at trial. ii) Non-Jury Trials: One week before the Trial Date counsel shall submit to the Clerk's Office their joint pretrial stipulation in duplicate (see subparagraph iii(A) below) and all depositions (including video-taped depositions) to be used at trial (see subparagraph iii(D) below). In addition to this and the required mandatory pretrial disclosures referenced above (i.e., witness, deposition excerpt, and exhibit lists), one week before the Trial Date counsel for each party shall submit to the Clerk's Office in duplicate, with a copy to opposing counsel, (1) prepared findings of fact and conclusions of law; (2) a letter brief concerning any evidentiary issues (see subparagraph iii(C) below); and (3) a trial brief (see subparagraph iii(E) below). iii) Jury Trials: One week before the Trial Date counsel shall submit to the Clerk’s Office their joint pretrial stipulation in duplicate (see subparagraph (A) below) and all depositions (including video-taped depositions) to be used at trial (see subparagraph (D) below). In addition, one week before the Trial Date counsel for each party shall submit to the Clerk’s Office in duplicate, with a copy to opposing counsel, (1) Court Ordered Voir Dire (attachment #1); (2) proposed voir dire; (3) a letter brief concerning any evidentiary issues (see subparagraph (C) below; (4) a trial brief (see subparagraph (E) below); and (5) requests to charge, including a proposed Special Verdict Questionnaire (see subparagraph (F) below). 6 American LegalNet, Inc. www.FormsWorkFlow.com (A) PRETRIAL STIPULATIONS: A joint pretrial stipulation shall be subscribed by counsel for all parties and shall be filed with the Clerk's Office in duplicate one week before the Trial Date and shall contain: (1) The basis of federal jurisdiction; (2) A list of all exhibits which can be stipulated into evidence or which will be offered without objection as to foundation; (3) Relevant (a) facts not in dispute, (b) facts in dispute, and (c) issues of law to be considered and applied by the Court. (B) EXHIBITS: All exhibits shall be marked for identification in the manner prescribed below prior to the filing of the trial briefs. A complete set of copies of the exhibits, along with the original and one copy of the exhibit list (see subparagraph 1 below), shall be presented to the Judge's Courtroom Deputy Clerk at the beginning of the trial. The exhibits shall have been inspected by the opposing party and copied at their expense (unless waived) NO LATER THAN ONE WEEK PRIOR TO THE TRIAL DATE. All documents and/or papers intended as exhibits or to be used during the course of trial, including but not limited to documents, photographs, charts, diagrams, etc., shall be assembled in BINDERS with each document properly marked at the lower right corner for identification purposes as directed below. In voluminous cases, consult with the Judge's Courtroom Deputy Clerk for the proper procedure to follow. *NOTE: During the course of trial the Courtroom Deputy Clerk shall take charge of exhibits which are received into evidence. At the conclusion of the trial, the Deputy Clerk will immediately return all of the exhibits to the proper parties. It is the responsibility of the parties to maintain the exhibits and to produce the exhibits for any appeal. (1) EXHIBIT LISTS: The exhibits shall be listed on the form prescribed by the Court, a copy of which is attached to this Order. Counsel are to supply all the requested information with the exception of the two "Date Boxes" which should remain blank. The original and one copy of the 7 American LegalNet, Inc. www.FormsWorkFlow.com exhibit list shall be given to the Judge's Courtroom Deputy Clerk along with the exhibits at the beginning of the trial. (2) EXHIBIT MARKERS: Counsel shall fill in the appropriate markers leaving the "File" and "Deputy Clerk" lines blank. All exhibits shall be assigned numbers by using a prefix of "P" for plaintiff, "D" for defendant, and "G" for Government (U.S. Attorney). Plaintiff's exhibits should be denoted as: P-1, P-2, P-3, etc. Defendant's exhibits should be denoted as: D-1, D-2, D-3, etc. Government's exhibits should be denoted as: G-1, G-2, G-3, etc. In cases involving multiple defendants, the exhibits shall be denoted with the initial of the last name of the defendant and its numerical identification number. Stickers shall be affixed whenever possible to the lower right-hand corner of the exhibit. If the exhibit marker is going to cover any information on the exhibit, then affix the marker to the reverse side of the exhibit. Each exhibit shall also have an exhibit number in the upper right hand corner of the exhibit. (P-1, P-2, etc. or D-1, D-2, etc.) (C) EVIDENTIARY ISSUES (Motions in Limine): One week before the Trial Date counsel shall file with the Clerk's Office, in duplicate, with a copy to opposing counsel, a letter brief containing a concise statement of any and all evidentiary issues to be presented upon trial, including motions in limine, citing the applicable rules of evidence and case law. (D) DEPOSITIONS: All depositions (including video-taped depositions) to be used at trial shall be filed with the Clerk's Office at least one week before the Trial Date. Not less than thirty days prior to the Trial Date, each party shall indicate to the other party the portion of the deposition to be offered(see Mandatory Disclosure Provisions, above). To the extent possible, objections are to be resolved between the parties. Areas of unresolved disagreement shall be presented to the Court for ruling not later than one week prior to the Trial Date. (See attached instruction sheet for use of video-taped depositions.) (E) TRIAL BRIEFS: One week before the Trial Date counsel shall file with the Clerk's Office in duplicate, with a copy to opposing counsel a trial 8 American LegalNet, Inc. www.FormsWorkFlow.com brief containing argument and citations on any and all disputed issues of law, citing the applicable rules and case law. (F) REQUESTS TO CHARGE: One week before the Trial Date, counsel shall file with the Clerk's Office, IN DUPLICATE, with a copy to opposing counsel, a complete request to charge and a proposed Special Verdict Questionnaire. An electronic copy of those documents, preferably in WordPerfect format, will also be provided to Chambers by electronic mail or other format as may be arranged with Chambers. 9 American LegalNet, Inc. www.FormsWorkFlow.com (G) Alternate Dispute Resolution: This action has been : Dated: 9 designated for, participation in the district’s ADR program. Q opted out of, not designated for ADR. _________________ Syracuse, New York 10 American LegalNet, Inc. www.FormsWorkFlow.com COURT ORDERED VOIR DIRE TO BE USED BY THE JUDGE AT TRIAL CASE TITLE: CIVIL ACTION NO.: ASSIGNED JUDGE OR MAGISTRATE JUDGE: ATTACHMENT #(1) Each attorney is required to submit the following information on behalf of his/her client for use by the Court during Voir Dire and must be filed with the Court fifteen (15) days in advance of the scheduled trial ready date. NAMES AND ADDRESSES OF ALL PARTIES TO THE LAWSUIT: (use additional page if necessary) YOUR NAME, FIRM NAME, ADDRESS AND THE NAME OF ANY PARTNER OR ASSOCIATE WHO MAY BE AT COUNSEL TABLE DURING THE COURSE OF THE TRIAL. 11 American LegalNet, Inc. www.FormsWorkFlow.com (use additional page if necessary) 12 American LegalNet, Inc. www.FormsWorkFlow.com SET FORTH THE NAMES AND ADDRESSES OF ALL LAY WITNESSES TO BE CALLED. (use additional page if necessary) SET FORTH THE NAMES AND ADDRESSES OF ALL EXPERT WITNESSES TO BE CALLED GIVING A BRIEF DESCRIPTION OF THEIR AREAS OF EXPERTISE. (use additional page if necessary) 13 American LegalNet, Inc. www.FormsWorkFlow.com SET FORTH A BRIEF DESCRIPTION OF EACH AND EVERY CAUSE OF ACTION IN THE COMPLAINT. (use additional page if necessary) SET FORTH A BRIEF DESCRIPTION OF EACH AND EVERY AFFIRMATIVE DEFENSE ASSERTED AS WELL AS A STATEMENT ADDRESSING ANY COUNTERCLAIMS RAISED IN THE ANSWER. (use additional page if necessary) -------------------------------PLEASE TAKE NOTICE that any delay in jury selection occasioned by the failure to provide this information will be explained to the jury as to the extent of the delay and the attorney causing same and if the delay causes a one (1) day or more postponement of this trial, appropriate monetary sanctions will be imposed by the Court. Submitted by: Date: 14 American LegalNet, Inc. www.FormsWorkFlow.com FINAL PRETRIAL ORDER - CONTINUED. INSTRUCTIONS FOR THE USE OF VIDEOTAPED DEPOSITIONS COUNSEL ARE TO VIEW ALL VIDEOTAPES WHICH MAY BE OFFERED INTO EVIDENCE AT THE TIME OF TRIAL, AND SUBMIT ALL OBJECTIONS IN WRITING, ALONG WITH THE VIDEOTAPE(S), TO THE COURT FOR RULING PRIOR TO TRIAL. COUNSEL ARE TO SUBMIT THE OBJECTIONS AND VIDEOTAPE(S) AT LEAST FIFTEEN (15) DAYS PRIOR TO THE TRIAL DATE, SO THAT AN EVIDENTIARY HEARING MAY BE SCHEDULED IF NECESSARY. ---------------------------------------------------------------THE CLERK'S OFFICE HAS AVAILABLE A VHS FORMAT VIDEO CASSETTE PLAYER AND TELEVISION FOR USE AT TRIAL. PLEASE BE ADVISED THAT YOU MUST PROVIDE A PERSON TO RUN THE EQUIPMENT DURING THE COURSE OF THE TRIAL. ---------------------------------------------------------------ELECTRONIC VISUAL EVIDENCE PRESENTER IN ADDITION TO THE VIDEO EQUIPMENT NOTED ABOVE , THE COURT HAS AVAILABLE A VISUAL EVIDENCE PRESENTER WHICH WILL ALLOW COUNSEL TO DISPLAY PHOTOS (NEGATIVES OR POSITIVES), DOCUMENTS, X-RAYS, AND 3-D OBJECTS, WITHOUT WIRES, ON TELEVISIONS PLACED THROUGHOUT THE COURTROOM. THIS EQUIPMENT IS AVAILABLE AT THE COURTHOUSES IN ALBANY, SYRACUSE AND BINGHAMTON. USE OF THE VISUAL PRESENTER MAY BE REQUIRED BY THE TRIAL JUDGE PRESIDING OVER YOUR CASE. FOR FURTHER INFORMATION ON THE USE OF THIS EQUIPMENT, PLEASE CONTACT THE COURTROOM DEPUTY CLERK FOR THE ASSIGNED TRIAL JUDGE. 15 American LegalNet, Inc. www.FormsWorkFlow.com