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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JAMES M. BRADLEY, )

 ) Civil Action

Plaintiff ) No. 02-CV-4356

 )

vs. )

 )

CON AGRA DAIRY FOODS, INC., )

 )

Defendant )

RULE 16 CONFERENCE SCHEDULING ORDER

NOW, this 23rd day of December, 2002, 

IT IS ORDERED that a Rule 16 conference by telephone conference

call is scheduled for January 9, 2003, at 10:15 a.m. with Judge James Knoll

Gardner.

IT IS FURTHER ORDERED that lead counsel for plaintiff shall

initiate the telephone conference call with lead trial counsel for all other

parties and with all unrepresented parties. Counsel for plaintiff shall

initiate the call five minutes in advance of the scheduled conference, and

when all counsel and unrepresented parties are on the line, shall call

chambers at (610) 434-3457.

IT IS FURTHER ORDERED that the lead trial counsel of record for

each party shall participate in the conference. No substitutions shall be

permitted unless authorized by Judge Gardner at least 48 hours prior to the

conference.

IT IS FURTHER ORDERED that at the conference counsel shall be

prepared to discuss (where applicable) the following:

1. Deadlines (if applicable) for:

(a) filing and responding to pleadings;

(b) amendment of pleadings;

(c) discovery, including the submission of expert

 reports;

(d) motions for summary judgment and responses;

(e) other dispositive motions;

(f) motions in limine;

(g) pre-trial memoranda.

2. Proposed trial dates (counsel shall have their calendars

 available).

3. Length of trial.

4. Attachments of trial counsel before other courts in this

 and other jurisdictions during the trial term.

5. Witness availability.

6. Other scheduling considerations.

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7. Estimated length of trial.

8. Whether the case shall be tried with or without a jury.

9. Number of jurors.

10. Juror voir dire.

11. Legal issues to be resolved prior to trial.

12. Any unique or unusual factual, legal, or procedural,

 aspects of the case.

13. Logistical problems requiring court attention.

14. Settlement negotiations history.

15. Settlement.

IT IS FURTHER ORDERED that counsel shall provide Judge Gardner by

mail, delivery service, fax, or e-mail to be received by Judge Gardner not

later than seven days prior to the conference, an informal memorandum which

shall not exceed two pages in length and which shall include the following

information:

1. A brief statement of the facts.

2. The party’s liability contentions.

3. The party’s damages contentions.

4. Enumeration of all special or liquidated damages

 claimed.

5. History of settlement negotiations, including all

 demands and offers.

IT IS FURTHER ORDERED that continuances will be granted only in

extraordinary circumstances. Requests for continuances must be signed by one

counsel of record for each represented party and by all unrepresented parties. 

Continuance requests shall be submitted on a continuance form approved by

Judge Gardner at least ten days prior to the conference.

By:

 

TERI L. LEFKOWITH 

Deputy Clerk to 

Honorable James Knoll Gardner

Phone: (610) 434-3765

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