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Uniform Pretrial Scheduling Order (Magistrate Judge Andrew T. Baxter) Form. This is a New York form and can be use in District Court Federal.
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Tags: Uniform Pretrial Scheduling Order (Magistrate Judge Andrew T. Baxter), New York Federal, District Court
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.
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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).
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(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
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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
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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.
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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).
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(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
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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
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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.
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(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
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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.
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(use additional page if necessary)
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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)
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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:
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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.
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