IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

STEVE AXELROTH, )

 ) Civil Action

Plaintiff ) No. 02-cv-04418

 )

vs. )

 )

CINDY LONESS CARPENTRY; )

JOHN LONESS; )

CINDY LONESS; )

BERN TOWNSHIP; and )

MICHAEL A. HOFFERT, )

POLICE OFFICER, BADGE NO. 005, )

 )

Defendants )

* * *

APPEARANCES:

GREGG L. ZEFF, ESQUIRE

On behalf of Plaintiff

NICHOLAS M. D’ALESSANDRO, JR., ESQUIRE

On behalf of Defendants,

Bern Township and Michael A. Hoffert

* * *

RULE 16 STATUS CONFERENCE ORDER

NOW, this 30th day of January, 2003, after status

conference conducted by telephone with the undersigned on this

date, pursuant to Rule 16 of the Federal Rules of Civil

Procedure, and by agreement of counsel,

IT IS ORDERED that plaintiff shall have until 

February 7, 2003 to enter default judgment on the issue of

liability against defendants Cindy Loness Carpentry, John Loness 

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and Cindy Loness for failure to answer the complaint and amended

complaints, or to otherwise appear in the within action.

IT IS FURTHER ORDERED that in the event a default

judgment is taken on the issue of liability against the aforesaid

defendants, plaintiff’s claims against those defendants shall be

severed for purposes of trial from plaintiff’s claims against the

remaining defendants. In that event, a non-jury trial on the

issue of damages only, in the cases against defendants Cindy

Loness Carpentry, John Loness and Cindy Loness, shall commence

before the undersigned on Wednesday, April 30, 2003 at 

9:30 o’clock a.m. in Courtroom B, Edward N. Cahn United States

Courthouse, 504 West Hamilton Street, Allentown, Pennsylvania, or

as soon thereafter as the schedule of the court permits. This

Order shall serve as a formal attachment for trial.

IT IS FURTHER ORDERED that counsel for plaintiff shall

communicate a settlement demand to defense counsel on or before

February 14, 2003. Defense counsel shall respond to plaintiff’s

demand within 45 days of receipt by defendants of all medical

records and reports. Defense counsel shall report to the

undersigned concerning the status of settlement within seven days

of the communication of a settlement response by defense counsel

to plaintiff’s counsel.

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IT IS FURTHER ORDERED that on or before February 28,

2003 plaintiff shall provide full and complete responses to the

interrogatories, including expert interrogatories and motion to

produce documents propounded by defendants.

IT IS FURTHER ORDERED that, except as otherwise

provided below, all discovery shall be completed by May 30, 2003.

IT IS FURTHER ORDERED that plaintiff shall be precluded

from offering the testimony of expert witnesses at trial unless

on or before May 30, 2003 plaintiff provides defense counsel with

the name, address, curriculum vitae and a signed, written expert

report containing the findings, conclusions and opinions, of each

such witness.

IT IS FURTHER ORDERED that defendants shall be

precluded from offering the testimony of expert witnesses at

trial unless on or before June 30, 2003 defendants provide all

counsel with the name, address, curriculum vitae and a signed,

written expert report containing the findings, conclusions and

opinions, of each such witness.

IT IS FURTHER ORDERED that all discovery motions,

including motions concerning expert witnesses, shall be filed and

served prior to the close of discovery. Any motions filed in

violation of this Order may be deemed waived in the absence of

good cause shown. 

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IT IS FURTHER ORDERED that all dispositive motions,

including motions for summary judgment, accompanied by a brief,

shall be filed and served on or before July 15, 2003.

IT IS FURTHER ORDERED that all motions in limine shall

be filed and served on or before September 8, 2003.

IT IS FURTHER ORDERED that all motions (except those

relying solely on a Federal Rule of Civil Procedure) shall be

accompanied by a brief, not to exceed twenty-five pages without

prior leave of court. There shall be no reply briefs unless

requested, or authorized, by the undersigned. Reply briefs shall

not exceed seven pages and must be filed within three business

days of the court’s request or approval. 

IT IS FURTHER ORDERED that any party filing a motion

for summary judgment or partial summary judgment shall file and

serve, in addition to a brief, a separate short concise

statement, in numbered paragraphs, of the material facts about

which the moving party contends there is no genuine dispute. The

moving party shall support each such material fact with specific

citations to the record, and, where practicable, attach copies of

the relevant portions of the record. Failure to submit such a

statement may constitute grounds for denial of the motion.

IT IS FURTHER ORDERED that any party opposing a motion

for summary judgment or partial summary judgment shall file and 

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serve, in addition to a brief, a separate short concise

statement, responding in numbered paragraphs to the moving

party’s statement of the material facts about which the opposing

party contends there is a genuine dispute, with specific

citations to the record, and, where practicable, attach copies of

the relevant portions of the record. All factual assertions set

forth in the moving party’s statement shall be deemed admitted

unless specifically denied by the opposing party in the manner

set forth in this paragraph.

IT IS FURTHER ORDERED that a jury trial of all issues

not disposed of at the non-jury trial attached above for 

April 30, 2003, shall commence before the undersigned on Monday,

October 20, 2003 at 9:30 o’clock a.m. in Courtroom B, Edward N.

Cahn United States Courthouse, 504 West Hamilton Street,

Allentown, Pennsylvania, or as soon thereafter as the schedule of

the court permits, following jury selection at the United States

Courthouse, 601 Market Street, Philadelphia, Pennsylvania. This

Order shall serve as a formal attachment for trial.

IT IS FURTHER ORDERED that, in the event the within

matter has not settled, counsel for all parties and all

unrepresented parties shall appear before Magistrate Judge 

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Arnold C. Rapoport in chambers at a date and time to be set by

the Magistrate Judge for a settlement conference.

BY THE COURT:

 

James Knoll Gardner

United States District Judge

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