IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DATE MAILED July 9, 2002

RICHARD NIXON, et al. : CIVIL ACTION

:

v. :

:

AMERICAN GENERAL LIFE INSURANCE : No. 02-4201

CO.

N O T I C E

 This case has been assigned to Judge Anita B. Brody.

ANY NONGOVERNMENTAL CORPORATE PARTY SHALL FILE FORTHWITH

A STATEMENT WITH THE COURT (WITH A COPY TO CHAMBERS)

IDENTIFYING ALL ITS PARENT CORPORATIONS AND LISTING ANY

PUBLICLY HELD COMPANY THAT OWNS 10% OR MORE OF THE

PARTY'S STOCK. A PARTY SHALL SUPPLEMENT THE STATEMENT

WITHIN A REASONABLE TIME OF ANY CHANGE IN THE

INFORMATION.

 1. A pretrial scheduling conference as described in

Fed. R. Civ. P. 16 (a), (b) and (c) and Local R. Civ. P. 16.1 (a)

and (b) will be held in chambers on Tuesday, July 16, 2002 at 4:15

p.m.. Unless otherwise specified, Judge Brody will follow the

procedure at the conference as outlined in the federal and local

rules.

 2. At the conference the following matters will be

considered (See Fed. R. Civ. P 16(b) and (c) and Local R. Civ. P.

16(b)):

 (a) jurisdictional defects, if any; 

 (b) prospects for amicable settlement;

 (c) setting date for limiting time to join other 

 parties, to amend pleadings, to file 

 dispositive motions and to complete 

discovery;

 (d) setting a date for entering the trial pool;

 (e) establishing schedules for remaining pretrial

 proceedings, including pretrial memoranda

Case 2:02-cv-04201-AB Document 2 Filed 07/09/2002 Page 1 of 4
 filings, exchange of exhibits, exchange of

 expert reports, etc; and

 (f) any other pertinent matter.

 3. The parties should be prepared at the conference to

argue all outstanding motions before the Judge.

 4. The conference will last approximately thirty (30)

minutes unless the factual or legal issues are complex, in which

case the conference may last substantially longer. Judge Brody

expects trial counsel to attend this conference. If trial counsel

cannot attend, substitute counsel familiar with the case shall be

appointed to attend. Trial counsel shall notify Judge Brody and

opposing counsel of substitute appearances at the earliest possible

date.

 5. Motions to dismiss, transfer, add parties and other

threshold motions should be filed, whenever possible, before the

conference. 

 6. Prior to the conference, counsel shall evaluate the

case for settlement purposes. Plaintiff's counsel shall make a

demand on opposing counsel no later than five days prior to the

conference. Defense counsel shall respond to the demand no later

than one day prior to the conference. All counsel shall arrive at

the conference with settlement authority from the client and

arrange for the client to be available by telephone for the

duration of the conference. 

 7. In an uncomplicated case, Judge Brody will set the

discovery deadline for between 90 and 120 days after the

conference. Because the date for completing discovery will be set

at the preliminary pretrial conference, counsel should come

prepared to suggest a realistic cut-off date. In a case on the

special management track, counsel shall submit a joint discovery

schedule setting forth deadlines, time intervals, and subjects of

discovery as provided for by the Eastern District Expense and Delay

Reduction Plan sections 3:01 and 7.01.

 8. All reasonable foreseeable discovery must be served,

noticed and completed by the discovery deadline date. Absent

extraordinary circumstances requiring an order of the Court,

discovery may take place after the deadline date only by agreement

of the parties, and only so long as the trial will not be delayed

and trial preparation will not be unreasonably disrupted. 

 9. Requests for extension of discovery deadlines or

trial pool entry dates can be made by letter, stating the reasons

and noting the agreement or disagreement of all other counsel, or

Case 2:02-cv-04201-AB Document 2 Filed 07/09/2002 Page 2 of 4
by telephone conference with all counsel participating.

 10. As stated in Rule 16(c) the filing of pretrial

memoranda shall be filed and served at such a time as the court

shall direct in the scheduling order or by any other express order.

The requirements of Local Rule 16(d) will only be utilized when

specially ordered by the Court.

11. In cases designated for the arbitration track,

requests for trial de novo after arbitration will result in the

case being placed promptly in the trial pool. Where trial de novo

is requested after arbitration, discovery and other pretrial

matters will proceed on an expedited schedule. 

12. Unexcused violations of scheduling orders are

subject to sanctions under Fed. R. Civ. P. 16 (f) upon motion by a

party or sua sponte by the Court.

13. Counsel must submit TWO courtesy copies to chambers

of all papers filed with the clerk. This will expedite review of

the submission by Judge Brody and her law clerk. The submissions

to chambers may be in hard copy format, accompanied by a 3" floppy

disc or 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 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_b._brody@paed.uscourts.gov

14. Counsel are reminded that all submissions given

directly to Judge Brody in the courtroom or chambers must also be

filed by counsel with the Clerk of the Court to assure proper

docketing. 

15. Judge Brody's Polices and Procedures can be accessed

via the U.S. District Court's website at www.paed.uscourts.gov.

Case 2:02-cv-04201-AB Document 2 Filed 07/09/2002 Page 3 of 4
 Throughout the course of the litigation, counsel shall

provide the courtroom deputy clerk, Jim Scheidt, with a current

telephone and FAX number(s). 

______________________

Marie O'Donnell

Deputy Clerk to

Judge Brody (Room 7613)

(215) 597-3978

cc: Robert E.J. Curran, Esq.

 Stephen C. Baker, Esq.

Case 2:02-cv-04201-AB Document 2 Filed 07/09/2002 Page 4 of 4