IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

AMY DiMARTINO : CIVIL ACTION

:

v. :

:

ACME MARKETS, INC. and : NO. 02-4320

ALBERTSON’S INC. :

SCHEDULING ORDER

AND NOW, this 3rd day of October, 2002, following a preliminary pretrial conference, it is

ORDERED as follows:

1. All motions to amend the complaint and to join or add additional parties shall be filed

within thirty (30) days of the date of this Order.

2. All fact discovery shall be served, noticed and completed by November 14, 2002.

3. Counsel for each party shall serve upon counsel for every other party the information

referred to in Federal Rule of Civil Procedure 26(a)(2)(B) by expert report, deposition or answer to

expert interrogatory no later than thirty (30) days before the date for completion of discovery. If the

evidence is intended solely to contradict or rebut evidence on the same subject matter identified by

another party, counsel shall serve the information on counsel for every other party no later than

fifteen (15) days before the date for completion of discovery.

4. Any party expecting to offer opinion testimony from lay witnesses pursuant to Federal

Rule of Evidence 701 with respect to the issues of liability and damages shall, at the time required

for submission of information and/or reports for expert witnesses on liability and damages set forth

in the preceding paragraph, serve opposing parties with details and/or documents covering the lay

opinions of the Rule 701 witnesses.

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5. All motions for summary judgment shall be filed no later than November 21, 2002,

responses to any such motions shall be filed within the time permitted under Local Rule 7.1(c).

Motions for summary judgment and responses shall be filed in the form prescribed in the Court’s

Notice to Counsel and Judge Savage’s Scheduling and Motion Policies and Procedures.

(a) The movant shall file, in support of the motion for summary judgment, a

Statement of Undisputed Facts which sets forth, in numbered paragraphs, all material facts which

the movant contends are undisputed;

(b) The respondent shall file, in opposition to the motion for summary judgment,

a separate Statement of Disputed Facts, responding to the numbered paragraphs set forth in the

movant’s Statement of Undisputed Facts, which the respondent contend present a genuine issue to

be tried. The respondent also shall set forth, in separate numbered paragraphs, any additional facts

which the respondent contends preclude summary judgment.

(c) All material facts set forth in the Statement of Undisputed Facts required to

be served by the movant shall be taken by the Court as admitted unless controverted by the opposing

party.

(d) Statements of material facts in support of or in opposition to a motion for

summary judgment shall include specific and not general references to the parts of the record which

support each of the statements. Each stated fact and each statement that a material fact is disputed

shall cite the source relied upon, including the title, page and line of the document supporting the

statement.

6. No brief or memorandum filed in support of or in opposition to any motion shall

exceed 25 pages in length without prior leave of court.

7. Counsel for the parties are directed to contact Magistrate Judge M. Faith Angell’s

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chambers on or before November 21, 2002 to schedule a settlement conference.

8. On or before December 19, 2002, counsel for each party shall serve upon counsel for

every other party:

(a) the original or a copy of each exhibit they expect to offer at trial in furtherance of

their respective contentions. Each party shall mark its trial exhibits in advance of trial with

consecutive numbers appropriately prefixed with an identifying letter of counsel's choice; 

(b) curriculum vitae for each expert witness expected to testify; and 

(c) a specific identification of each discovery item expected to be offered into

evidence. 

9. All parties shall prepare and file with the Clerk of Court their pretrial memoranda in

accordance with this Order and Local Rule of Civil Procedure 16.1(c), as follows:

Plaintiffs - on or before December 19, 2002.

Defendants - on or before December 26, 2002.

 In addition to compliance with Local Rule of Civil Procedure 16.1(c), the parties

shall include in or attach to their pretrial memoranda the following:

 (a) A listing of the identity of each expert witness to be called at trial by the party;

 (b) a curriculum vitae for each expert witness listed;

(c) a listing of each fact witness to be called at trial with a brief statement of the

nature of their expected testimony (witnesses not listed may not be called by that party in its case-inchief);

(d) an itemized statement of claimant's damages or other relief sought;

(e) a statement of any anticipated important legal issues on which the Court will be

required to rule, together with counsel's single best authority on each such issue.

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 The pretrial memoranda shall be filed with the Clerk of the Court and two (2) copies

shall be delivered to the Court.

10. All motions in limine shall be filed no later than ten (10) business days before the final

pretrial conference. Responses, if any, shall be filed five (5) days after service of the motions in

limine.

11. A final pretrial conference will be held on January 2, 2003 at 4:30 p.m. in Chambers

(Room 4006). 

12. No later than five business days before the date trial is scheduled to commence or the

case is to appear in the trial pool, the parties shall file in writing with the Clerk of Court joint

proposed jury instructions on substantive issues and proposed verdictformsorspecial interrogatories

to the jury. Each party also shall file proposed jury instructions, verdict forms or special

interrogatories on those issues not agreed upon by the parties in their joint submission. Jury

instructions shall be submitted each on a separate sheet of paper, double spaced, with accurate quotes

from and citations to cases and pattern jury instructions where appropriate. The parties shall also

provide to the Court at Chambers proposed jury instructions on a computer diskette in WordPerfect

9.0 for Windows format. 

13. No later than three (3) business days before the date trial is scheduled to commence

or the case appears in the trial pool, the parties shall file a complete and comprehensive stipulation

of uncontested facts pursuant to Local Rule of Civil Procedure 16.1(d)(2)(b)(2) . The original shall

be filed with the Clerk of the Court, and two (2) copies shall be submitted to the Court at Chambers.

14. At the commencement of trial, the parties shall provide the Court with three (3)

copies of a schedule of exhibits which shall briefly describe each exhibit. At the trial, the parties

shall provide the Court with two (2) copies of each exhibit. Exhibits shall be arranged and tabbed

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in a ring binder.

15. This case will be listed for trial on Tuesday, January 14, 2003 at 10:00 a.m. in

Courtroom 15B.

 This Scheduling Order is the only written notice counsel will receive of the date this

case will be tried. Counsel and all parties shall be prepared to commence trial on that date and as

soon thereafter as counsel receive telephone notice that trial is to commence. If the case is a pool

case, counsel should have the responsibility to maintain contact with the deputy clerk once the case

goes into the pool. Every effort will be made to give counsel at least 24 hours notice and hopefully

48 hours notice of commencement of trial. Pool cases are to be ready for trial as of the date they are

placed in the pool and are frequently not called in the order in which they appear.

16. Any party having an objection to: (a) the admissibility of any exhibit based on

authenticity; (b) the adequacy of the qualifications of an expert witness expected to testify; (c) the

admissibility for any reason other than relevancy of any item of evidence expected to be offered, or

(d) the admissibility of any opinion testimony from lay witnesses pursuant to Federal Rule of

Evidence 701 shall set forth separately each such objection, clearly and concisely, in their pretrial

memorandum. Such objection shall describe with particularity the ground and the authority for the

objection. The Court can be expected to overrule any objection offered at trial in respect to any

matter covered by this paragraph if the Court concludes that the objection should have been made

as required by this Order.

17. Only those exhibits, discovery items and expert witnesses identified in the manner

set forth in this Order shall be considered by the Court for admission into evidence at trial, unless

stipulated to by all affected parties and approved by the Court, or by Order of Court so as to avoid

manifest injustice.

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18. Because a witness may be unavailable at the time of trial in the manner defined in

Federal Rule of Civil Procedure 32(a)(3), the Court expects use of oral or videotape depositions at

trial of any witness whose testimony a party believes essential to the presentation of that party's case,

whether that witness is a party, a non-party or an expert. The unavailability of any such witness will

not be a ground to delay the commencement or progress of an ongoing trial. In the event a

deposition is to be offered, the offering party shall file with the Court, three business days prior to

the commencement of the trial, a copy of the deposition, but only after all efforts have been made

to resolve objections with other counsel. Unresolved objections shall be noted in the margin of the

deposition page(s) where a Court ruling is necessary.

 

 TIMOTHY J. SAVAGE, J.

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