UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

NORFOLK DIVISION

__________________________________________

In re: )

 )

TROY ANTHONY EATON, SR., )

APRIL JULY EATON, )

) Case No. 15-71583-SCS

Debtors. )

__________________________________________)

)

LAWRENCE H. GLANZER, )

CHAPTER 7 TRUSTEE, )

) APN 15-07067-SCS

Plaintiff, )

)

v. )

)

TROY ANTHONY EATON, SR., )

APRIL JULY EATON, )

) Chapter 7

Defendants. )

__________________________________________)

PRETRIAL ORDER

Pursuant to Federal Rule of Bankruptcy Procedure 7016, this Court conducted a Pretrial

Conference, which the Plaintiff and counsel for the Defendants attended on September 10, 2015. As

a result of the conference, it is ORDERED that the following schedule is established in this proceeding

and that failure to comply with this Order shall result in the imposition of appropriate sanctions,

including the preclusion of evidence and the entry of judgment by default. 

1. Trial Date. The trial of this matter shall be held in the United States Bankruptcy Court, 

600 Granby Street, Norfolk, Virginia, beginning at 9:30 a.m. on December 16, 2015. 

2. Discovery. In accordance with Federal Rule of Bankruptcy Procedure 7026, counsel for the parties

and/or the unrepresented parties have met, exchanged among themselves, and have developed a

discovery plan. As a result, the parties have represented to the Court that the matter is mature for

additional discovery, and accordingly, the following discovery schedule is set:

A. All discovery is to be completed by all the parties on or before November 16, 2015.

B. All motions, including Motions for Summary Judgment, are to be filed on or before

November 16, 2015.

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C. All Exhibits proposed by the Plaintiff and the Defendant are to be exchanged with the

other parties and filed with the Court at least ten (10) days before trial. The Exhibits

shall be filed in accordance with the attached instructions. Exhibits not objected to in

writing on or before seven (7) days prior to trial will stand as admitted into evidence. 

At the time the Exhibits are filed, the parties shall also file an Exhibit List in accordance

with the attached instructions.

D. On or before ten (10) days prior to trial, the Plaintiff shall file a list of witnesses whom

the Plaintiff intends to call at trial, and the other parties shall file their lists of witnesses

on or before five (5) days prior to trial.

E. All Stipulations of Fact are encouraged and shall be filed at least five (5) business days

prior to trial.

F. Disclosures under Federal Rule of Bankruptcy Procedure 7026(a)(2) involving the

disclosure of expert testimony must be made by all parties no later than fifteen (15)

days before the discovery completion date set out in paragraph 2A above.

G. The failure to comply with properly propounded discovery under Federal Rule of

Bankruptcy Procedure 7026 et seq. may result in the imposition of sanctions under

Federal Rule of Bankruptcy Procedure 7037. The failure to timely file Exhibits, witness

lists, and Stipulations of Fact may result in the denial of the right to present evidence

at trial and the imposition of sanctions upon the parties and/or counsel. 

3. Conference of Counsel and/or the Parties. Four (4) days prior to trial, counsel and/or the parties

shall meet in person or telephonically to discuss the trial of this matter, including settlement,

Stipulations of Fact, and the presentation of evidence at trial.

4. Final Pretrial Conference. A Final Pretrial Conference will not be scheduled at this time.

5. It is the responsibility of the parties and their respective counsel to know and follow the procedures

set forth in this Order and in the statutes, Federal Rules of Civil Procedure, Federal Rules of

Bankruptcy Procedure, and Local Bankruptcy Rules and to know and follow the requirements of the

Court.

6. It is the responsibility of the Plaintiff to advise the Court of any settlement or any other valid reason

that a Court-scheduled Pretrial Conference, hearing, or trial need not be conducted. The Plaintiff is

advised to provide the Court with such notification as far in advance of any such conference, hearing,

or trial as is practical under the circumstances. Failure of the Plaintiff to properly and timely notify the

Court may result in the imposition of sanctions.

The Clerk shall mail a copy of this Order to counsel for the Plaintiff and counsel for the Defendants or

to the unrepresented parties themselves.

 STEPHEN C. ST. JOHN

 Chief United States Bankruptcy Judge

/s/ Stephen C. St.John Sep 14 2015

Entered on Docket:9/15/15

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UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

NORFOLK DIVISION

INSTRUCTIONS FOR PREPARING EXHIBIT LIST AND PRE-MARKING EXHIBITS

Exhibit List: The Exhibit List must be typewritten, double-spaced, and should briefly

describe each Exhibit to be introduced at trial. The “admitted” and “identified”

columns should be left blank.

Exhibits: Each Exhibit should be numbered on a colored adhesive label, in accordance

with the following:

Plaintiff* Yellow Numerically-- #1, #2, #3, etc.

Defendant* Blue Alphabetically-- A, B, C, etc.

Followed by AA, AB, AC, etc., then BA, BB, BC, etc.

Government Yellow Numerically-- #101, #102, #103, etc.

*In cases involving more than one Plaintiff or Defendant, identify the appropriate party on each

Exhibit.

The adhesive labels should be affixed at the bottom of the Exhibit. Exhibits must be numbered

to correspond with the numbers assigned to such Exhibit on the Exhibit List.

Exhibits should be letter size (8-1/2” x 11”), photo-reduced if necessary, pursuant to Local

Bankruptcy Rule 5005-1(C)(3).

If an Exhibit is a small document, such Exhibit must be stapled to a sheet of letter size (8-1/2”

x 11”) paper, and the Exhibit label affixed to the bottom of the sheet of paper. In the case of a group

of photographs or checks, please affix a separate label to each photograph or check and number as

follows:

Plaintiff 1-A, 1-B, 1-C, etc.

Defendant A-1, A-2, A-3, etc.

Government 101-A, 101-B, 101-C, etc.

The marked Exhibits must be bound firmly and tabbed. The originals and two copies of both

the Exhibits and Exhibits List should be filed with the Court by the date set in the Pretrial Order. 

Sufficient copies should be available for each opposing counsel and the Judge’s law clerk. It is

desirable that counsel stipulate as to the admissibility of as many Exhibits as possible so that such

Exhibits may be admitted into evidence at the beginning of trial.

Note: Please refer to Local Bankruptcy Rule 9070-1 for procedural information on exhibits.

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