UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK _______________________________________X Plaintiff(s), PRETRIAL ORDER -against- XX Civ. XXXX (CM) Defendant(s). _______________________________________X The parties having conferred among themselves and with the Court pursuant to Fed. R. Civ. P. 16, the following statements, directions and agreements are adopted as the Pretrial Order herein. I. NATURE OF THE CASE [Set forth a brief statement of the general nature of the action and the relief sought by each party.] II. JURY/NON-JURY [State whether a jury is claimed, whether there is any dispute as to whether the action should be tried to a jury, and the estimated length of the trial.] III. STIPULATED FACTS [Set forth any stipulated facts.] IV. PARTIES' CONTENTIONS The pleadings are deemed amended to embrace the following, and only the following, contentions of the parties: A. Plaintiff's Contentions (Jury Trial)/Proposed Findings of Fact (Non-Jury Trial) [Set forth a brief but complete statement of the plaintiff's contentions as to all issues of fact and law, with citations to exhibits and anticipated testimony.] American LegalNet, Inc. www.FormsWorkFlow.com B. Defendant's Contentions (Jury Trial)/Proposed Findings of Fact (Non-Jury Trial) [Set forth a brief but complete statement of the defendant's contentions as to all issues of fact and law, with citations to exhibits and anticipated testimony.] (For bench trials only) Proposed conclusions of law shall be submitted, with citation to supporting authority. V. ISSUES TO BE TRIED [Set forth an agreed statement of the issues to be tried.] VI. PLAINTIFF'S EXHIBITS No exhibit not listed below may be used at trial except (a) for cross-examination purposes or (b) if good cause for its exclusion from the pretrial order is shown. [Each side shall list all exhibits it intends to offer on its case in chief. The list shall include a description of each exhibit. All exhibits shall be premarked.] VII. DEFENDANT'S EXHIBITS No exhibit not listed below may be used at trial except (a) for cross-examination purposes or (b) if good cause for its exclusion from the pretrial order is shown. [Each side shall list all exhibits it intends to offer on its case in chief. The list shall include a description of each exhibit. All exhibits shall be premarked.] [In cases likely to involve substantial numbers of deposition exhibits, the parties are encouraged to agree at the outset of discovery to assign a unique exhibit number or letter to each exhibit marked at any deposition so that exhibit designations used in deposition transcripts may be used without change at trial. Absent use of such a system, plaintiff;s trial exhibits shall be identified as PX 1, and defendant's as DX 1, D-Jones A, D-Smith C.] VIII. STIPULATIONS AND OBJECTIONS WITH RESPECT TO EXHIBITS Any objections not set forth herein will be considered waived absent good cause shown. [The parties shall set forth any stipulations with respect to the authenticity and admissibility of exhibits and indicate all objections to exhibits and the grounds therefore.] American LegalNet, Inc. www.FormsWorkFlow.com IX. PLAINTIFF'S WITNESS LIST The witnesses listed below may be called at trial. No witness not identified herein shall be permitted to testify on either party's case in chief absent good cause shown. [Each party shall list the witnesses it intends to call on its case in chief and, if a witness's testimony will be offered by deposition, shall designate by page and line numbers the portions of the deposition transcript it intends to offer. Each party shall set forth any objections it has to deposition testimony designated by the other and the basis therefore.] X. DEFENDANT'S WITNESS LIST The witnesses listed below may be called at trial. No witness not identified herein shall be permitted to testify on either party's case in chief absent good cause shown. [Each party shall list the witnesses it intends to call on its case in chief and, if a witness's testimony will be offered by deposition, shall designate by page and line numbers the portions of the deposition transcript it intends to offer. Each party shall set forth any objections it has to deposition testimony designated by the other and the basis therefore.] XI. RELIEF SOUGHT [The plaintiff shall set forth the precise relief sought, including each element of damages. If the plaintiff seeks an injunction, the proposed form of injunction shall be set forth or attached.] Dated: New York, New York , 20 ____________________________________ U.S.D.J. [Signatures of counsel] (Rev. 2/10/99) American LegalNet, Inc. www.FormsWorkFlow.com