United States District Court Eastern District of New York ------------------------------------------------X -against- Docket No._________________ Proposed Pretrial Order ------------------------------------------------X At a pretrial conference held before the Honorable Sterling Johnson, Jr., and attended by counsel, the following matters were discussed and agreed to; and are hereby ordered: 1. General: The parties recognize that this pretrial order controls the subsequent course of the action unless the order is modified by consent of the parties and the court, or by order of the court to prevent manifest injustice. The attached schedules are part of this order. Each schedule shall be on a separate sheet. 2. Parties And Counsel: Schedule A sets forth the names of all parties, the names, addresses and telephone numbers of their respective attorneys and the names of trial counsel for each party. 3. Jurisdiction: Schedule B-1 sets forth the statutes, legal doctrines, and facts upon which plaintiff claims jurisdiction is based. Schedule B-2 indicates which, if any, of these are contested. 4. Uncontested Facts: All uncontested facts are set forth in Schedule C. 5. Liability Claims And Defenses: The parties' claims and defenses on liability are separately listed in Schedules D-1 for the plaintiff and D-2 etc., for the defendant(s). 6. Damages And Other Relief: Claims with respect to damages and other relief sought by each party are detailed in Schedules E-1 as to the plaintiff and E-2 etc., for the defendant(s). 2002 © American LegalNet, Inc. 7. Waiver On Claims: Please be advised that the parties will be deemed to have waived all claims with respect to liability, damages, and other relief and all affirmative defenses which are not set forth in Schedules D and E. 8. Issues: Schedule F sets forth and separately numbers the factual and legal issues in this case including legal issues as to the admissibility of evidence. If the parties cannot agree as to the issues, then their separate statements of the issues shall be set forth as Schedules F-1, F-2, etc. 9. Witnesses: In Schedules G-1, G-2, etc. each respective party must list the witnesses to be called at trial, setting forth for each witness the (a) name, (b) address, and (c) a summary of expected testimony. For expert witnesses list, in addition, (d) the area of expertise. 10. Exhibits: In Schedules H-1, H-2, etc. each respective party must list the exhibits to be offered in evidence by that party. Each list shall identify and describe each exhibit. Plaintiff's exhibits shall be identified by numbers, defendant's by letters. Copies of statements proposed to be read to the jury as "learned treatises" under FRE 803(18) shall be listed as exhibits. 11. Objections To Exhibits: In Schedules I-I, 1-2, etc. each respective party must list each adversary's exhibits whose authenticity and admissibility are challenged. The specific ground for objection to each contested exhibit listed shall be stated. 12. The parties recognize that they will not be allowed to use at trial any exhibits or witnesses not identified in this Pretrial Order except upon prompt notice to all parties and to the court, and upon a showing of good cause. 13. All discovery is complete. 14. The trial will take approximately ____ days; ____ days for the plaintiff's case and ____ days for the defense. 15. This is a (jury) (non-jury) case. 16. With regard to a trial date ______________. 17. Counsel will be expected to comply with the court's "expectations and requirements at trial" outlined in the memorandum for counsel, a copy of which has been previously supplied to each counsel. 2002 © American LegalNet, Inc. Dated: Brooklyn, New York , 2001 ____________________________ Sterling Johnson, Jr. United States District Judge Approved And consented To: ____________________________ Attorney for ____________________________ Attorney for ____________________________ Attorney for ____________________________ Attorney for 2002 © American LegalNet, Inc.