IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RICHARD NIXON, et al. : CIVIL ACTION

:

v. :

:

AMERICAN GENERAL LIFE : NO. 02-4201

INSURANCE CO.

SCHEDULING ORDER

AND NOW, this day of JULY, 2002, IT IS ORDERED as

follows:

1. All fact discovery shall be completed by November 8, 2002. Parties shall

decide and agree among themselves upon dates for submissions of experts' reports. 

2. Additional parties, if any, must be joined within the time specified in Local

RCP 14.1. 

3. Any amendments to the pleadings shall be such as not to delay the

completion of discovery or the commencement of trial. 

4. All dispositive motions shall be filed no later than November 28, 2002.

Either party is permitted to file a motion for summary judgment pursuant to FRCP 56. I

would prefer, however, that a party without the burden of proof on a claim, file a motion for

accelerated judgment in accordance with the attached "Brody Directive."

5. The parties shall schedule a settlement conference before United States

Magistrate Judge Diane Welsh immediately. Unless an exception is granted in advance,

Judge Welsh will require that lead counsel and parties with full settlement authority attend the

conference.

 

 6. Final pretrial memoranda shall be filed pursuant to Local RCP 16.1(c) and

shall contain all items listed in that rule. The time for filing final pretrial memoranda is as

follows: 

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Plaintiff shall file by December 13, 2002.

Defendant shall file by December 20, 2002.

7. In addition to the above, in a jury trial, each party is required to submit the

following in conjunction with the pretrial memoranda: 

• a trial memoranda on the legal issues in the case, 

• proposed voir dire questions (limited to 15 questions),

• proposed jury instructions (one point per page). Failure to submit proposed

jury instructions may result in the forfeiture of a right to object to omissions in

the jury charge. 

• proposed jury interrogatories, 

• any motions in limine. 

In addition to items in ¶6 above, in non-jury cases, each party shall file: 

• a trial memorandum on the legal issues in the case, 

• proposed findings of fact and conclusions of law,

• any motions in limine.

8. A final pre-trial conference will be scheduled when counsel are notified of

the precise date and time of trial. In preparation for the final pretrial conference, counsel are

expected to communicate with each other on the following matters in an effort to reach

agreement. At the final pre-trial conference, counsel must be prepared to present a report on

the following matters:

 (a) agreed upon and disputed facts

(b) objections to any proposed witnesses;

(c) objections to any proposed exhibits (including objections to genuineness 

and authenticity);

(d) objections to any depositions to be read at trial;

(e) disputed legal issues;

(f) amendments to pleadings;

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(g) stipulated to and disputed points for charge;

(h) verdict sheet and special interrogatories; and

 (i) number of days required for trial.

9. Absent extraordinary circumstances, a party will be prohibited from offering

in its case in chief a witness or exhibit not listed in its final pretrial memorandum.

10. Three copies of the schedules of exhibits and, if practicable, two copies of

the exhibit itself shall be prepared for use at trial.

11. This case will be placed into the trial pool on December 27, 2002 or as

soon thereafter as all dispositive motions have been decided.

REMINDER: Counsel must submit to chambers a courtesy copy of all papers filed with the

clerk. The courtesy copy may be submitted either as two hard copies accompanied by a 3"

floppy disc or, as an alternative, the courtesy copy may be submitted solely as an attachment

to an e-mail.

• If the case number ends in 1,4 or 7 e-mail to: 

shannon_quill@paed.uscourts.gov

• If the case number ends in 2,5 or 8 e-mail to: 

jonathan_lloyd@paed.uscourts.gov 

• If the case number ends in 3,6 or 9 e-mail to: lesley_wolf@paed.uscourts.gov

• If the case number ends in 0, e-mail to: chambers_of_judge_

anita_b._brody@paed.uscourts.gov

All submissions directed to chambers must also be filed with the Clerk of the Court to assure

proper docketing.

 

 

 _____________________

Anita B. Brody, J. 

Chambers Fax: 215-580-2356

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 Copies FAXED on __________ to: Copies MAILED on _______ to:

Case 2:02-cv-04201-AB Document 3 Filed 07/25/2002 Page 4 of 5
PREFERRED PROCEDURE

Brody Directive for Accelerated Judgment Motion

 (a) A defendant, or other party, with respect to one or more issues as to which that

party does not have the burden of proof may, in lieu of a Motion for Summary Judgment

under Rule 56, make a Motion for Accelerated Judgment in accordance with this Directive.

 (b) The Motion for Accelerated Judgment must specify the issue or issues concerning

which the motion is made. The specification must:

 (1) identify in outline form the issue(s) and/or sub-issue(s) as to which the

Motion is directed, for example, referring to the pleadings;

 

 (2) cite legal authority showing that the opposing party has the burden of proof as

 to that issue;

 

 (3) affirm, on the basis prescribed in Rule 11, that there is no legally sufficient

evidentiary basis to support the issues so identified; and

 (4) request judgment as provided in Rule 56(c).

 (c) The party against whom the Motion for Accelerated Judgment is addressed shall file

a Response not later than 20 days after the motion for Accelerated Judgment is received. The

Response, subject to the provisions of Rule 56(e) and (f), shall be supported with affidavits,

depositions, documents or other evidence permitted by those provisions.

 (d) The movant may Reply as permitted by Rule 56(e) and (f). Such a Reply must be filed

not later than 10 days after the Response described in paragraph (c) above is received . 

 (e) The party against whom the Motion for Accelerated Judgment is directed may, within

10 days after the Reply is received, file a Sur-reply to the Reply described in (d) above.

The purpose of this Brody Directive, as an alternative to a Motion for Summary Judgment under

Rule 56, is to encourage the parties in their dispositive motion to better track the natural order

of trial where the plaintiff sets forth its case and then defendant responds. 

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