IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CLIFFORD GAIL : CIVIL ACTION

 :

 v. :

 :

ELAINE ZENKER : NO. 02-4202

SCHEDULING ORDER

AND NOW, this 27th day of September, 2002, upon

review of the pleadings filed to date, the Court issues the

following Scheduling Order to govern all further proceedings in

this case:

l. All discovery shall be completed on or before

 February 17, 2003 , and all dispositive motions filed not later

than two (2) weeks prior to the close of discovery.

2. All disclosure of expert testimony shall be completed

thirty (30) days before the close of discovery. 

3. Plaintiff’s Pretrial Memorandum shall be prepared in

accordance with this Order and Local Rule of Civil Procedure

16.1(c) and it shall be filed on or before February 24, 2003 .

4. Defendant's Pretrial Memorandums shall be prepared in

accordance with this Order and Local Rule of Civil Procedure

16.1(c) and it shall be filed on or before March 3, 2003 .

 5. In addition to the items requested in Subsections l to

7 of the Local Rule of Civil Procedure 16.1(c), the Court directs

the following:

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(a) A summary of the qualifications of each expert

witness and a specific identification of each discovery item and

exhibit to be offered for identification or admission into

evidence;

(b) The case will be placed in the trial pool on

 March 10, 2003 ;

(c) Pursuant to Local Rule of Civil Procedure

16.1(d)3, the Court, of its own motion or at the request of one of

the parties, may order further conferences to narrow the issues or

explore settlement, but it will not be necessary for counsel to

prepare a proposed Pretrial Order in accordance with Local Rule of

Civil procedure 16.1(d)2 unless specifically ordered by the Court;

(d) The provisions of Local Rule of Civil Procedure

16.1(d)4 will be applicable to these proceedings;

(e) Failure to comply with the dates set forth above

shall not be grounds for a continuance of the trial and such

failure can result in the imposition of such sanctions as the Court

deems appropriate; and

(f) Because of the availability of the videotape

recording equipment in the Federal Courthouse at minimal cost to

counsel, requests for a continuance due to the absence of a medical

or expert witness will not be favorably received by the Court.

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6. Pretrial and Trial Procedures before the Court are

attached hereto and are incorporated herein. (Attachment #l)

7. __________________________________________________

________________________________________________________________

________________________________________________________________ 

 

 BY THE COURT:

 __________________________

 HERBERT J. HUTTON, J.

Rev'd 8/01

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ATTACHMENT #1

PRETRIAL AND TRIAL PROCEDURES

Before Judge Herbert J. Hutton

(1) Initial Disclosures -- Except in actions exempted by

Local Rule or when otherwise ordered, each party is encouraged

without awaiting a discovery request to disclose to each other

party the following:

(a) The name and last known address of

 each person reasonably likely to have

 information that bears significantly

 on the claims and defenses, identi-

 fying the subjects of the information;

(b) A general description, including

 location of all documents, data,

 compilations and tangible things

 in the possession, custody or

 control of that party that are

 likely to bear significantly on

 the claims and defenses;

(c) The existence and contents of any

 insurance agreement under which any

 person or entity carrying on an

 insurance business may be liable to

 satisfy part or all of the judgment

 which may be entered in the action,

 or indemnify or reimburse for

 payments made to satisfy the judgment,

 making available such agreement for

 inspection and copying.

(2) Counsel shall be familiar with the provisions of

Fed.R.Civ.P. l6.

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PRETRIAL AND TRIAL PROCEDURES - 2

(3) Discovery shall be conducted promptly and

diligently. Deadlines will be enforced and neither unnecessary

discovery nor obstructionism will be tolerated. Discovery

enforcement or relief should be sought promptly by motion only.

The Court will ignore correspondence from counsel that should

properly be the subject of motion practice. Issues shall not be

raised or answered by letter.

(4) Counsel should avoid contacting chambers either by

letter or telephone during pendency of litigation. Most interim

matters can and should be handled by motion practice. If it is

necessary to contact chambers, counsel should inform opposing

counsel prior to either writing or telephoning chambers as to the

nature of the intended communication. If opposing counsel objects

to the proposed communication, then counsel should file a motion.

Merely sending opposing counsel a copy of a letter sent to chambers

does not fulfill this directive.

 Letters or written communication should be directed

to the Court and not to law clerks or the courtroom deputy.

Telephone calls to law clerks is discouraged. Law clerks are not

permitted to render advice to counsel and have no authority to

grant continuances or to speak on behalf of the Court. All

scheduling matters should be discussed with Stephen J. Iannacone,

Courtroom Deputy, at (267)299-7349.

(5) Pretrial Memorandum shall be filed with the Clerk of

Court with a courtesy copy to chambers as per Court Order and shall

include the following:

 (a) A list of all witnesses to be presented

 with a brief statement of the nature of

 their testimony. Witnesses not listed

 may not be called in the party's case

 in chief;

 (b) A list of all exhibits (pre-numbered

 and pre-exchanged among all counsel);

(c) Claimant's itemized statement of

 damages or other relief sought;

(d) A statement of any anticipated impor-

 tant legal issues on which the Court

 will be required to rule together

 with counsel's single best authority

 (case citation, Rule of Civil Procedure,

 Rule of Evidence, Statute, etc.);

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PRETRIAL AND TRIAL PROCEDURES - 3

(e) All stipulations of counsel; and

(f) In all jury cases, proposed points for

 charge and in all non-jury cases, pro-

 posed findings of fact and conclusions

 of law. Counsel have the right to 

 file supplemental points, findings

 and conclusions upon the close of

 testimony. Counsel should assume the

 Court's charge will include routine

 matters such as the burden of proof,

 credibility of witnesses, etc.

 Therefore, counsel shall, except

 with leave of Court, limit proposed

 points for charge to fifteen (15) in

 number touching upon the unique or

 most important aspects of the case.

 Each point for charge should be

 referenced to the single best authority

 which supports the point.

 All submissions to the Court including exhibits

shall be in duplicate unless excused by the Court because of

burdensomeness.

(6) It is the Court's intention to avoid any side bar

conferences and counsel are therefore instructed to anticipate

legal issues and objections and to raise them prior to commencement

of trial, at a recess or after adjournment.

(7) Court sessions will commence daily at 10:00 a.m. and

continue until 12:30 p.m. with a short mid-morning break.

Court will reconvene at 2:00 p.m. and continue until 4:30 p.m. with

a short mid-afternoon break. Because of the jurors' transportation

considerations, the daily adjournment time will be scrupulously

observed and counsel must fit all witnesses into that time frame

and not seek exceptions.

(8) Counsel has the responsibility to have all witnesses

available in Court as scheduled. Failure to do so may result in

sanctions.

(9) Except for good cause shown, counsel shall be

limited in the examination of a witness to direct, cross, redirect

and recross. Redirect and recross should be used sparingly.

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PRETRIAL AND TRIAL PROCEDURES - 4

 (10) Whenever a deposition or portion thereof is to be

read into evidence, a written designation of the pages and lines

shall be furnished to opposing counsel and to the Court in

duplicate at least twenty-four (24) hours before commencement of

trial. Opposing counsel shall submit any counter designations in

a similar fashion within twenty-four (24) hours.

 (11) All videotape recordings shall be conducted with an

acute sensitivity that the video tape will be shown to a jury.

Skillful organization of the testimony, elimination of unnecessary

objections, and conservation of time are strongly urged.

 (12) Whenever a deposition or videotape is to be used, a

transcript of the testimony will be furnished to the Court in

advance.

 (13) All exhibits, once identified shall be placed and

kept at all times on the exhibit table in sequential order arranged

according to each party. Each exhibit should be offered into

evidence as it becomes admissible. Normally, it is the Court's

policy to send all exhibits admitted into evidence out with the

jury when they retire to deliberate. The only exceptions will be

those exhibits which counsel for justifiable reason bring to the

Court's attention as being prejudicial.

 (14) Counsel shall conduct examination of witnesses from

counsel table or from the lectern.

 (15) When necessary to an intelligent understanding of

the testimony, counsel may display briefly an exhibit specifically to the jury upon its admission by holding it directly in

front of all jurors at once.

 (16) Opening statements shall be brief and outline only

the evidence counsel intends to present.

 (17) Summations shall not exceed thirty (30) minutes

except upon special exception allowed by the Court in a complex

case. Rebuttal argument by plaintiff shall ordinarily not exceed

five (5) minutes and shall be confined strictly to a response to

unanticipated argument by opposing counsel. Reargument will not be

permitted.

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PRETRIAL AND TRIAL PROCEDURES - 5

ELECTRONIC FILING

The Court encourages the use of the Electronic Filing

System for the submission of complaints, notices of appeal, notices

of removal and other civil documents. The Electronic Filing system

provides greater efficiency and timeliness in the filing of

pleadings, as well as electronic storage of documents for remote

access by the Court, the bar and the litigants. Applications are

available from the Office of the Clerk of Court, 60l Market Street,

Room 2609, Philadelphia, PA 19106-1797, (215)597-5711.

Counsel are advised that current telephone and fax

number(s) and any changes thereto are to be submitted to the

courtroom deputy.

________________________________

HERBERT J. HUTTON, J.

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