IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BRICKLAYERS AND ALLIED )

CRAFTWORKERS LOCAL 1 OF PA/DE; ) Civil Action

BRICKLAYERS AND ALLIED ) No. 02-CV-04079

CRAFTWORKERS LOCAL 1 OF PA/DE )

HEALTH AND WELFARE FUND; )

BRICKLAYERS AND ALLIED )

CRAFTWORKERS LOCAL 1 OF PA/DE )

JOINT APPRENTICESHIP AND )

TRAINING FUND; )

TILE LAYERS LOCAL 6 ANNUITY FUND;)

TMT TILE FINISHERS LOCAL 32 )

ANNUITY FUND; )

TILE LAYERS LOCAL 6 )

VACATION FUND; and )

TMT TILE FINISHERS LOCAL 32 )

VACATION FUND, )

 )

Plaintiffs )

 )

vs. )

 )

MASTRO MASONRY CONTRACTORS; )

ERNEST BOCK AND SONS, INC.; )

XL SPECIALTY INSURANCE COMPANY; )

and JOSEPH RUSSO, Individually )

and as President of Mastro )

Masonry Contractors, )

 )

Defendants )

ERNEST BOCK AND SONS, INC., )

 )

Cross Claimant )

 )

vs. )

 )

MASTRO MASONRY CONTRACTORS, )

 )

Cross Defendant )

NON-JURY TRIAL ATTACHMENT ORDER

NOW, this 30th day of September, 2003, 

IT IS ORDERED that a non-jury trial on damages only on

plaintiff’s motion for default judgment against Mastro Masonry

and Joseph Russo, filed September 4, 2002, shall commence before

Judge Gardner on Monday, October 20, 2003, at 8:30 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.

Case 2:02-cv-04079-JKG Document 16 Filed 09/30/2003 Page 1 of 4
1 Whenever used in this Order, the terms “counsel” and “counsel

for the parties” shall also refer to any unrepresented parties.

2

IT IS FURTHER ORDERED that on or before October 8,

2003, counsel for the parties1 shall submit to the undersigned

and serve on all counsel of record and unrepresented parties a

trial memorandum which shall include:

(a) A list of all exhibits to be used at the trial. 

Not later than one month prior to trial all exhibits shall be

pre-marked and counsel shall exchange with each other copies of

all documentary and photographic exhibits and shall provide an

opportunity for opposing counsel to view any models or

videotapes.

(b) A list of the name, address, and field of

expertise of each expert witness to be called at trial by the

party.

(c) A curriculum vitae for each expert witness listed.

(d) A list of the name and address of each fact

witness to be called at trial, together with a brief statement of

the nature of his or her expected testimony. (Unless authorized

by the undersigned for good cause shown, witnesses not listed may

not be called by that party in its case-in-chief.)

(e) An itemized statement of claimant’s damages and/or

other relief sought.

(f) A statement of any anticipated significant and/or

unique legal and procedural issues on which the court will be

required to rule, together with counsel’s single best authority

on each such issue.

(g) Names and addresses of all parties at the time the

cause of action arose and presently.

(h) Name, address and telephone number of trial

counsel, and, if applicable, the name and telephone number of the

firm with which he or she is affiliated.

(i) Any other matters of importance for the efficient

trial of the case.

IT IS FURTHER ORDERED that counsel for plaintiff(s)

shall initiate a meeting of all counsel of record and

unrepresented parties to be held at least thirty days before

commencement of trial, at which counsel shall meet and discuss

and submit to the court at least fifteen days before commencement

of trial, one complete set of agreed-upon findings of fact and

conclusions of law. If the parties cannot agree upon one

complete set of findings of fact and conclusions of law, they are

Case 2:02-cv-04079-JKG Document 16 Filed 09/30/2003 Page 2 of 4
3

required to submit to the court at least fifteen days before

commencement of trial, one set of those findings and conclusions

which have been agreed upon, and each party shall submit to the

court at least seven days before commencement of trial, proposed

findings of fact and conclusions of law which are not agreed

upon, and a legal memorandum in support thereof. The original of

each document shall be filed with the Clerk of Court. If a good

faith effort is not made to comply with these directives,

sanctions may be imposed, the trial may be continued, or both.

IT IS FURTHER ORDERED that any party who contends, or

may contend, that the proposed testimony of any expert witness

requires a hearing at, or before, trial pursuant to Daubert v.

Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 

125 L.Ed.2d 469 (1993), shall notify the court of this contention

in writing at least thirty days prior to the trial date.

IT IS FURTHER ORDERED that not later than three weeks

prior to trial 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 (except 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 in writing each such objection, clearly and concisely. 

The objection shall describe, with particularity, the grounds for

the objection and the authority relied upon.

IT IS FURTHER ORDERED that unless stipulated to by all

affected parties and approved by the court, or by Order of court

so as to avoid manifest injustice, 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.

IT IS FURTHER ORDERED that the unavailability of a

witness at the time of trial in the manner defined in Federal

Rule of Civil Procedure 32(a)(3), will not be a ground to delay

the commencement, or progress, of a trial. In such

circumstances, the court anticipates the use of oral or videotape

depositions at trial of any unavailable 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.

IT IS FURTHER ORDERED that any party offering a

deposition at trial shall provide the court, prior to

commencement of trial, a copy of the deposition transcript, but

only after all efforts have been made to resolve objections with

all counsel and unrepresented parties. Portions of the

deposition offered by plaintiff shall be marked in blue; portions

offered by defendant, in red. Where a court ruling is necessary,

the basis for unresolved objections shall be written in ten words 

Case 2:02-cv-04079-JKG Document 16 Filed 09/30/2003 Page 3 of 4
4

or less in the margin of the deposition, accompanied by a

separate written index of such objections.

IT IS FURTHER ORDERED that at least ten business days

before commencement of trial, each party shall submit to the

court a written summary, not to exceed two pages in length, in

plain language, of its contentions regarding the facts and that

party’s theories concerning liability and damages. Not later

than five days before commencement of trial, all other parties

may submit, in writing, objections or alternatives to this

summary.

IT IS FURTHER ORDERED that counsel shall familiarize

themselves with the Local Rules of Civil Procedure of the United

States District Court for the Eastern District of Pennsylvania. 

Failure to comply with the within Order or the Local Rules may

result in the imposition of sanctions.

IT IS FURTHER ORDERED continuances will be granted only

in extraordinary circumstances. Continuance requests shall be

filed by one counsel of record for each represented party and by

each unrepresented party. Continuance requests shall be

submitted at least ten days prior to the commencement of trial on

a form approved by the undersigned.

By:

 

CHERYL E. SINCLAIR

 Civil Deputy Clerk to 

 Judge James Knoll Gardner

 Phone: (610) 434-3457

Case 2:02-cv-04079-JKG Document 16 Filed 09/30/2003 Page 4 of 4