IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BRICKLAYERS AND ALLIED )

CRAFTWORKERS LOCAL 1 OF PA/DE; ) Civil Action

BRICKLAYERS AND ALLIED ) No. 02-CV-04079

CRAFTWORKERS LOCAL 1 OF PA/DE )

HEALTH AND WELFARE FUND; )

BRICKLAYERS AND ALLIED )

CRAFTWORKERS LOCAL 1 OF PA/DE )

JOINT APPRENTICESHIP AND )

TRAINING FUND; )

TILE LAYERS LOCAL 6 ANNUITY FUND;)

TMT TILE FINISHERS LOCAL 32 )

ANNUITY FUND; )

TILE LAYERS LOCAL 6 )

VACATION FUND; and )

TMT TILE FINISHERS LOCAL 32 )

VACATION FUND, )

 )

Plaintiffs )

 )

vs. )

 )

MASTRO MASONRY CONTRACTORS; )

ERNEST BOCK AND SONS, INC.; )

XL SPECIALTY INSURANCE COMPANY; )

and JOSEPH RUSSO, Individually )

and as President of Mastro )

Masonry Contractors, )

 )

Defendants )

 )

ERNEST BOCK AND SONS, INC., )

 )

Cross Claimant )

 )

vs. )

 )

MASTRO MASONRY CONTRACTORS, )

 )

Cross Defendant )

* * *

APPEARANCES: CLAIBORNE S. NEWLIN, ESQUIRE

Counsel for Plaintiffs

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THOMAS M. GUINAN, ESQUIRE

Counsel for Defendants

Ernest Bock and Sons, Inc. and

XL Specialty Insurance Company

RULE 16 STATUS CONFERENCE ORDER

NOW, this 16th day of September, 2003, after status

conference conducted by telephone with the undersigned on this

date, pursuant to Rule 16 of the Federal Rules of Civil

Procedure,

IT IS ORDERED that on or before October 6, 2003

plaintiffs shall provide all counsel and the undersigned with a

written memorandum explaining the calculation of damages.

IT IS FURTHER ORDERED that a damages-only trial without

jury concerning plaintiffs’ claims against Mastro Masonry

Contractors and Joseph Russo in Counts 1, 2, 4, and 5 of

plaintiffs’ Complaint shall be held before the undersigned on

October 20, 2003 at 8:30 o’clock a.m. in Courtroom B, Edward N.

Cahn United States Courthouse, 504 West Hamilton Street,

Allentown, Pennsylvania.

IT IS FURTHER ORDERED that, except as otherwise

provided below, all discovery shall be completed by February 27,

2004.

IT IS FURTHER ORDERED that all discovery motions,

including motions concerning expert witnesses, shall be filed and

served prior to the close of discovery. Any motions filed in

violation of this Order may be deemed waived in the absence of

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good cause shown. 

IT IS FURTHER ORDERED that all dispositive motions,

including motions for summary judgment, accompanied by a brief,

shall be filed and served on or before March 15, 2004. All

responses to motions for summary judgment, accompanied by a

brief, shall be filed and served on or before April 5, 2004.

IT IS FURTHER ORDERED that oral argument on all motions

for summary judgment shall be held before the undersigned on May

18, 2004, 9:30 o’clock a.m. in Courtroom B, Edward N. Cahn United

States Courthouse, 504 West Hamilton Street, Allentown,

Pennsylvania.

IT IS FURTHER ORDERED that all motions (except those

relying solely on a Federal Rule of Civil Procedure) shall be

accompanied by a brief, not to exceed twenty-five pages without

prior leave of court. There shall be no reply briefs unless

requested, or authorized, by the undersigned. Reply briefs shall

not exceed seven pages and must be filed within three business

days of the court’s request or approval. 

IT IS FURTHER ORDERED that any party filing a motion

for summary judgment or partial summary judgment shall file and

serve, in addition to a brief, a separate short concise

statement, in numbered paragraphs, of the material facts about

which the moving party contends there is no genuine dispute. The

moving party shall support each such material fact with specific

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citations to the record, and, where practicable, attach copies of

the relevant portions of the record. Failure to submit such a

statement may constitute grounds for denial of the motion.

IT IS FURTHER ORDERED that any party opposing a motion

for summary judgment or partial summary judgment shall file and

serve, in addition to a brief, a separate short concise

statement, responding in numbered paragraphs to the moving

party’s statement of the material facts about which the opposing

party contends there is a genuine dispute, with specific

citations to the record, and, where practicable, attach copies of

the relevant portions of the record. All factual assertions set

forth in the moving party’s statement shall be deemed admitted

unless specifically denied by the opposing party in the manner

set forth in this paragraph.

IT IS FURTHER ORDERED that a non-jury trial of the

within case shall commence before the undersigned on Monday, 

June 21, 2004, at 9:30 o’clock a.m. in Courtroom B, Edward N.

Cahn United States Courthouse, 504 West Hamilton Street,

Allentown, Pennsylvania, or as soon thereafter as the schedule of

the court permits.

BY THE COURT:

 

James Knoll Gardner

United States District Judge

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