Preliminary Pretrial Statement Form. This is a Ohio form and can be use in USBC Southern Federal.
Tags: Preliminary Pretrial Statement, 7016-1-PPS, Ohio Federal, USBC Southern
LBR Form 70161 -- PPS UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO ________________ DIVISION In re: Debtor(s) Chapter Plaintiff(s) (Movant(s)) vs. Defendant(s) (Respondent(s)) Judge Case No: Adv. Pro. No: PRELIMINARY PRETRIAL STATEMENT This is the pretrial statement of: _____________________________________________________________. (name of party) I. Appearances: The trial attorney for: _____________________________________________________________________ (name of party) shall be ________________________________________, Esq., who is admitted to practice before this Court. II. Nature of Action, Jurisdiction and Venue: A. This is an action for _________________________________________________________________ and is brought pursuant to ____________________________________________________________________________. (cite statute(s) and (rule(s)) B. Jurisdiction of this Court: is not disputed and is invoked under ____________________________. is disputed. C. Venue of this Court: is proper. is not proper. American LegalNet, Inc. www.FormsWorkFlow.com D. This action is a: core proceeding. non-core proceeding. E. Core Proceeding: 1. If it is alleged that this is a core proceeding, such allegation is based upon 28 U.S.C. § 157(b)(2) (_________________). 2. If it is determined that the bankruptcy judge, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution: consent is given for the bankruptcy judge to enter final orders and judgments in the alleged core proceeding. consent is not given for the bankruptcy judge to enter final orders and judgments in the alleged core proceeding. F. Non-Core Proceeding: If it is alleged that this is a noncore proceeding: consent is given for the bankruptcy judge to enter final orders and judgments in the alleged non-core proceeding. consent is not given for the bankruptcy judge to enter final orders and judgments in the alleged non-core proceeding. G. Are any of the following motions filed or to be filed: Yes 1. Abstention 2. Remand 3. Withdrawal of the Reference ____ ____ ____ No ____ ____ ____ H. If a jury demand has been timely filed, consent is/is not given for trial by jury by the bankruptcy judge. III. Statement of the Case: The evidence will show that ______________________________________________ is entitled to judgment (name of party) because ____________________________________________________________________________________. IV. Amendments/Motions: ____ (check one) (a) The attorney states that all amendments to pleadings and all pretrial motions, including all motions listed above, and all motions pursuant to Bankruptcy Rule 7012 and Bankruptcy Rule 7056, or motions which convert to a motion under Bankruptcy Rule 7056, have been filed, or American LegalNet, Inc. www.FormsWorkFlow.com ____ (b) If all amendments and pretrial motions have not been filed, the attorney states that the following amendments and motions are contemplated; (list or attach as an exhibit the specific amendments and motions and the proposed date(s) by which such will be filed.) V. Issues of Fact and Law: A. The contested issues of fact are: 1. 2. 3. B. The contested issues of law are: 1. 2. 3. VI. Discovery: A. Initial Disclosures. The initial disclosures required by Rule 26(a)(1) Fed. R. Civ. P. have been or will be made on ___________________. (date) B. Rule 26(f) Fed.R.Civ.P. Conference. The mandatory conference required by Rule 26(f) Fed.R.Civ.P. occurred on ____________________. (date) C. Discovery Plan. In compliance with Rule 26(f) Fed.R.Civ.P., the following constitutes the parties' discovery plan (use separate paragraphs or subparagraphs if parties disagree): (a) Discovery will be needed on the following subjects: (brief description of subjects on which discovery will be needed). (b) All discovery commenced in time to be completed by (date). [Discovery on (issue for early discovery) to be completed by (date).] (c) Maximum of __________ interrogatories by each party to any other party. [Responses due __________ days after service.] (d) Maximum of __________ requests for admission by each party to any other party. __________ days after service.] (e) Maximum of __________ depositions by plaintiff(s) and __________ by defendant(s). (f) Each deposition [other than of __________] limited to maximum of __________ hours unless extended by agreement of parties. (g) Reports from retained experts under Rule 26(a)(2) due: American LegalNet, Inc. www.FormsWorkFlow.com [Responses due from plaintiff(s) by (date) from defendant(s) by (date) (h) Supplementations under Rule 26(e) due (time(s) or interval(s)). (D) Other Agreed Upon Items. [Use separate paragraphs or subparagraphs as necessary if parties disagree.] (a) Plaintiff(s) should be allowed until (date) to join additional parties and until (date) to amend the pleadings. (b) Defendant(s) should be allowed until (date) to join additional parties until (date) to amend the pleadings. (c) All potentially dispositive motions should be filed by (date). (d) The parties (are) (are not) amenable to mediation under LBR 90192 at the appropriate time. (e) The proceeding should be ready for trial by (date) and at this time is expected to take approximately __________ hour(s)/trial day(s). VII. Stipulations: A. The parties have entered into written stipulations, a copy of which is attached hereto. American LegalNet, Inc. www.FormsWorkFlow.com VIII. Miscellaneous Matters: A. Settlement: 1. No litigant is required to settle this proceeding; however, all litigants are required to engage in good faith settlement efforts which shall consist of at least one offer and one counteroffer by a party authorized to settle this proceeding. Without disclosing the contents of any settlement efforts, all parties shall set forth below: (a) the date(s) such settlement efforts were conducted, (b) the method(s) of communication employed and (c) the result(s) obtained: ___________________________________________________________________________________________. 2. Any settlement which occurs prior to the trial date shall be communicated promptly to the judge's courtroom deputy. Failure to make such communication may result in the imposition of costs. B. Pretrial Conference: The Court will order a pretrial conference if review of the Preliminary Pretrial Statement makes such appear necessary. If the Court does not order such a pretrial conference, does the attorney specif