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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GIL GROVE, : CIVIL ACTION

Plaintiff, :

:

v. :

:

RIZZI 1857 S.P.A., : NO. 04-2053

Defendant. :

ORDER

AND NOW, this 12th day of March, 2013, having reviewed Plaintiff Gil Grove’s Motion 

for Default Judgment (Docket No. 125) and the supplemental brief in support thereof (Docket 

No. 130), and having held a hearing on the Motion, it is hereby ORDERED that:

1. The Motion is GRANTED IN PART as to Defendant Rizzi 1857 S.P.A.’s liability 

on all counts.

2. The Motion is DENIED IN PART with regards to Mr. Grove’s claimed damages 

against Rizzi.

3. A jury trial on damages shall be held on Monday, May 13, 2013 at 9:30 a.m in the 

United States District Court for the Eastern District of Pennsylvania, 601 Market 

Street, Philadelphia, PA 19106 in Courtroom 10B. Jury selection will commence 

at that same date, time, and location. The trial shall conclude by no later than 

Tuesday, May 14, 2013 at 12:30 p.m.

4. Mr. Grove shall prepare and file with the Clerk of Court his Pretrial 

Memorandum, in accordance with this Order and Local Rule of Civil Procedure 

16.1(c) by no later than April 5, 2013. One (1) copy of the Pretrial Memorandum 

shall be served on the Court (Chambers, Room 10613) when the original is filed.

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5. By May 3, 2013, Mr. Grove shall submit to the Court (Chambers, Room 10613) 

two (2) copies of (a) proposed jury voir dire questions, (b) proposed jury 

instructions with pinpoint citations of authority for each point (ONE POINT PER 

PAGE), and (c) proposed jury interrogatories. The originals shall be filed with 

the Clerk of the Court.

6. If a model jury instruction taken, for instance, from the Third Circuit Model 

Instructions, O’Malley, Grenig & Lee, Federal Jury Practice and Instructions, or 

Sand, Modern Federal Jury Instructions is submitted, the parties shall state 

whether the proposed jury instruction is unchanged or modified. If a party 

modifies a model jury instruction, the modification shall be set with additions 

underlined and deletions placed in brackets.

7. By May 3, 2013, Mr. Grove shall submit to the Court (Chambers, Room 10613) a 

written statement of the case for reading to the jury at the commencement of the 

trial which shall cover (a) a brief statement of the facts; (b) a brief statement of 

the cause(s) of action. The statement of the case should not exceed two (2) pages 

in length.

8. By May 3, 2013, Mr. Grove shall supply the Court with two (2) copies

of each exhibit, and three (3) copies of a schedule of exhibits which briefly 

describes each exhibit.

9. All counsel are reminded to review the Court’s General Policies and Procedures 

and Guidelines for Trial and Other Proceedings in the Courtroom available on the 

Court’s website at www.paed.uscourts.gov concerning the conduct of the 

litigation, including trial. Any counsel or unrepresented party desiring a hard 

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copy of this document may call the Court’s Civil Deputy at 267-299-7350, to 

request a copy. These Policies and Procedures address many issues that 

frequently arise during the pendency of cases, and all counsel and unrepresented 

parties are expected to follow those procedures in spirit and in fact.

10. EXTENSIONS OF TIME: Any application for extension of any deadline set 

forth in this Order shall be granted only to prevent manifest injustice. See Fed. R. 

Civ. P. 16(e). Any such request shall include a factual verification of counsel or 

unrepresented party or witness and shall contain a statement of the position of all 

other parties as to the request.

BY THE COURT:

S/Gene E.K. Pratter

 GENE E.K. PRATTER

United States District Judge

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