IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JAMES M. FANARO : CIVIL ACTION

 :

 :

 v. :

UNUM LIFE INSURANCE COMPANY :

OF AMERICA : NO. 02-2772

SCHEDULING ORDER

AND NOW, TO WIT, this 16th day of August, 2002,

following a review of the status reports filed by the parties in

the above case, IT IS ORDERED that:

1. The case will be placed in the trial pool on 

March 4, 2003 

 2. All discovery shall proceed forthwith and continue in

such manner as will assure that all requests for, and responses to,

discovery will be served, noticed and completed by 

January 22, 2003.

3. All trial exhibits shall be marked and exchanged by

the time discovery is to be completed.

4. Plaintiffs shall serve reports of liability expert

witnesses and/or respond to expert witness discovery relating to

liability at least 20 days before completion of discovery. 

Plaintiff shall serve reports of expert witnesses on damages and/or

respond to expert witness discovery relating to damages on or

before the date for completion of discovery.

5. Defendants shall serve any reports of liability

expert witnesses and/or respond to expert witness discovery

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relating to liability on or before the date for completion of

discovery. Defendant shall serve any reports of expert witnesses

on damages and/or respond to expert witness discovery relating to

damages within 30 days after the date for completion of discovery.

6. Any motion for summary judgment shall be filed and

served promptly after the close of discovery.

7. 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(c) as follows:

 A. Plaintiff - 33 days following date for

completion of discovery;

 B. Defendant - 7 days thereafter.

8. Any party having an objection to: (A) the

admissibility of any exhibit based on authenticity; (B) the

admissibility for any reason (except relevancy) of any evidence

expected to be offered; or, (C) the adequacy of the qualifications

of an expert witness expected to testify; shall set forth

separately each such objection in their Pretrial Memorandum. Such

objection shall describe with particularity the ground and the

authority for the objection.

9. If any party desires an "offer of proof" as to any

witness or exhibit expected to be offered, that party shall inquire

of counsel prior to trial for such information. If the inquiring

party is dissatisfied with any offer provided, such party shall

file a motion seeking relief from the Court prior to trial.

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10. Because a witness may be unavailable at the time of

trial as 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, prior to the commencement

of the trial, a copy of the deposition transcript, 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 and a covering

list of such objections supplied therewith.

11. At least five days before the case is listed for

trial or placement in the trial pool, each party shall submit to

the Court (Chambers, Room 9613) two (2) copies of a trial

memorandum on the legal issues involved in the case, containing the

principal constitutional, statutory, regulatory and decisional

authority relied upon.

12. At least seven days before the case is listed for

trial or placement in the trial pool, each party shall submit to

the Court, and serve on each other, two (2) copies of proposed voir

dire questions, proposed jury instructions (ONE POINT PER PAGE),

and any proposed jury interrogatories.

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13. Before commencement of trial, counsel shall supply

the Court with one copy of each exhibit and a schedule which

briefly describes each exhibit.

COUNSEL PLEASE NOTE: This Scheduling Order will be the

only written notice counsel will receive of the date this case will

appear on the Court's trial list. Counsel and all parties shall be

prepared to commence trial on that date or as soon thereafter as

counsel receive telephone notice that trial is to commence. Cases

on the trial list are disposed of in a variety of unpredictable

methods (trial, dismissal, settlement, stay, etc.). For this

reason it is very likely that your case may be called for trial out

of its sequence on the list.

Requests for extensions of deadlines, trial pool entry

date or other changes in the foregoing schedule should not be made

by telephone or letter. Any such requests should be made by motion

for good cause shown and accompanied by an explanatory memorandum,

and a stipulation where other counsel consent.

 

JAY C. WALDMAN, J.

JO

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