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Standing Pre-Trial Conference Order (Judge Eisenberg) Form. This is a New York form and can be use in Bankruptcy Court Federal.
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Tags: Standing Pre-Trial Conference Order (Judge Eisenberg), New York Federal, Bankruptcy Court
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NEW YORK
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In re
Case No.
Debtor.
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STANDING PRE-TRIAL
CONFERENCE ORDER
AND INSTRUCTIONS
Plaintiff(s),
- against Adv. Proc. No.
Defendant(s).
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Counsel for all parties to adversary proceedings commenced on or after August 10,
1992, are hereby ORDERED to confer and then prepare, execute, and file with the Court no later
than five days before the first Pre-Trial Conference, a single document captioned PRELIMINARY
PRE-CONFERENCE STATEMENT which sets forth the following information:
1.
A concise statement of the nature of this action.
2.
A separate brief description of all legal arguments. Include citations to all
statutes, Bankruptcy Code sections, Bankruptcy Rules and case law intended to be relied on by each
party.
3.
A brief summary of relevant facts not in dispute.
4.
A precise statement of facts in dispute (include jurisdiction, if applicable).
5.
Identify and briefly describe all legal and factual issues to be decided by the
6.
A statement of antic ipated discovery requirem ents.
7.
A proposed discovery schedule and date of completion.
8.
An estimate as to length of trial.
Court.
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9.
Preliminarily set forth the number of witnesses to be called by each party and
a list of exhibits to be introduced into evidence.
10.
Identify each witness to be called and identify to which disputed issues of fact
such witnesses' testimony will be directed.
11.
A statement as to whether any attempts have been made at resolving any of
the issues in dispute and a ny results of such attempts.
Counsel for the Plaintiff is hereby directed to serve a copy of this Order upon all
partie s and co unsel to the proceeding eithe r with th e summ ons and compl aint or w ithin te n (10) da ys
thereafter and file proof of service together with the PRELIMINARY PRE-CONFERENCE
STATEMENT.
It is expected that a single PRELIMINARY PRE-CONFERENCE STATEMENT
will be filed in an adversary proceeding. However, if for any reason the parties cannot file a single
PRELIMINARY PRE-CONFERENCE STATEMENT, separate PRELIMINARY PRECONFERENCE STATEMENTS may be filed with proof that each has been served upon all parties
to the proceeding.
A copy of the PRELIMINARY PRE-CONFERENCE STATEMENT m arked "filed"
will be returned to you if a self-addressed stamped envelope is enclosed.
Failure to comply with this Order may result in sanctions including, but not limited
to, the granting of relief by default, the striking of pleadings, or the preclusion of undisclosed
documents or w itnesses, together with costs.
Attendance of all counsel to the litigation is required at the PRE-TRIAL
CONFERENCE.
Dated: Central Islip, New York
DOROTHY EISENBERG
Bankruptcy Judge
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