UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

Allied Old English, Inc., :

: Civil Action No. 11-1239 (ES)

Plaintiff, :

:

:

v. :

:

Uwajimaya, Inc, et al. : PRETRIAL SCHEDULING ORDER

:

: 

Defendants, :

____________________________________:

THIS MATTER having come before the Court for a scheduling conference pursuant to

Fed. R. Civ. P. 16 on July 20, 2011; and for good cause shown, 

IT IS on this 20th day of July, 2011, 

ORDERED THAT: 

I. DISCOVERY AND MOTION PRACTICE

1. Fact Discovery Deadline. Fact discovery is to remain open through May 11, 2012. All

fact witness depositions must be completed by the close of fact discovery. No discovery is

to be issued or engaged in beyond that date, except upon application and for good cause

shown. 

2. All Discovery Deadline. All discovery is to remain open through September 14, 2012.

3. Motions to Add New Parties. Any motion to add new parties, whether by amended or

third-party complaint, must be returnable no later than November 30, 2011. 

4. Motions to Amend Pleadings. Any motion to amend pleadings must be returnable no

later than November 30, 2011. 

5. Rule 26 Disclosures. The parties shall exchange disclosures as required pursuant to Fed.

R. Civ. P. 26 no later than August 3, 2011.

6. Interrogatories. The parties may serve interrogatories limited to twenty-five (25) single

questions, including subparts and requests for production of documents, on or before

September 7, 2011, which shall be responded to by October 7, 2011. There shall be no

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limit to the number of requests for the production of documents.

7. Depositions. The number of depositions to be taken by each side shall not exceed fifteen

(15). No objections to questions posed at depositions shall be made other than as to lack

of foundation, form, or privilege. See Fed. R. Civ. P. 32(d)(3)(A). 

8. Electronic Discovery. The parties are directed to Fed. R. Civ. P. 26(f), as amended

December 1, 2006, which, among other things, addresses preservation of discoverable

information, discovery of electronically stored information, and claims of privilege or

work product protection. The parties are also directed to L. Civ. R. 26.1(d) which, among

other things, describes the obligations of counsel with regard to their clients’ information

management systems. 

9. Discovery Disputes. No discovery motion or motion for sanctions for failure to provide

discovery shall be made without prior leave of Court. Counsel shall confer in good faith

and attempt to informally resolve any discovery disputes before seeking the Court’s

intervention. Should the parties good faith efforts to resolve the disputes fail, the

discovery disputes shall be brought to the court’s attention in the first instance by way of

an electronically filed JOINT LETTER. The Joint Letter must set forth the nature of the

disputes and provide each parties position regarding the disputes. Discovery disputes

shall be brought to the court’s attention no later that thirty (30) days prior to the close of

discovery.

 

10. Motion Practice. No motions are to be filed without prior written permission from this 

 Court. All dispositive motions must first be the subject of a dispositive motion pre- 

 hearing. These pre-requisites must be met before any motions are filed and the motions 

will be returned if not met. All calendar or dispositive motions, if permitted, shall 

comply with L. Civ. R. 7.1(b), Appendix N, and L. Civ. R. 78.1. 

II. EXPERTS

10. Affirmative Expert Reports. All affirmative expert reports shall be delivered by

June 15, 2012, with depositions of those experts to be taken and completed within

twenty (20) days of receipt of report. 

11. Responding Expert Reports. All responding expert reports shall be delivered by

August 3, 2012, with depositions of those experts to be taken and completed within

twenty (20) days of receipt of report. 

12. Form and Content of Expert Reports. All expert reports must comport with the form

and content requirements set forth in Fed. R. Civ. P. 26(a)(2)(B). No expert shall testify

at trial as to any opinions or base those opinions on facts not substantially disclosed in the

expert’s report. 

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III. FINAL PRETRIAL CONFERENCE

13. Final Pretrial Conference. A final pretrial conference shall be conducted pursuant to

Fed. R. Civ. P. 16(d) [Final Pre-Trial]. The Final Pretrial Conference will occur even if

there are dispositive motions pending. The Court will adjourn the Final Pretrial

Conference only if the requesting party makes a compelling showing that manifest

injustice would otherwise result absent adjournment. 

14. Trial Exhibits. Not later than twenty (20) working days before the final pretrial

conference, the parties shall exchange copies of all proposed trial exhibits. Each exhibit

shall be pre-marked with an exhibit number conforming to the party’s exhibit list. 

15. Meet and Confer. All counsel are directed to assemble at the office of Plaintiff’s

counsel not later than ten (10) days before the pretrial conference to prepare the proposed

Joint Final Pretrial Order in the form and content required by the Court. Plaintiff’s

counsel shall prepare the Joint Pretrial Order and shall submit it to all other counsel for

approval and execution. 

16. Non-Jury Trials. With respect to non-jury trials, each party shall submit to the District

Judge and to opposing counsel proposed Findings of Fact and Conclusions of Law, trial

briefs and any hypothetical questions to be put to an expert witness on direct examination.

17. Joint Proposed Final Pretrial Order. The original joint proposed final pretrial order

shall be delivered to the chambers of the undersigned no later than ten (10) days prior to

the final pretrial conference.

18. Settlement Discussions. The Court expects to engage in meaningful settlement

discussions at the final pretrial conference. Therefore, trial counsel who actually has full

settlement authority must attend the conference and clients or other persons with full

settlement authority must be available by telephone. 

IV. MISCELLANEOUS

19. Future Conferences. The Court may from time to time schedule conferences as may be

required, either sua sponte or at the request of a party. 

20. Extensions and Adjournments. All requests for adjournments of court dates or other

deadlines, whether established in this Pretrial Scheduling Order or any subsequent orders

of the Court, shall be submitted to the Court in writing via facsimile [(973) 645-2469]. 

Said written request must include the following information: (a) the reason for the

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request, (b) whether or not all parties consent to the request, (c) the number of prior

requests, and (d) the amount of additional time sought. Since all dates set forth herein are

established with the assistance and knowledge of counsel, there will be no extensions

except for good cause shown and by leave of Court – even with consent of all counsel.

21. Service of Correspondence. A copy of every pleading, document or written

communication with the Court shall be served on all other parties to the action, unless

otherwise directed by the Court. Any such communication which does not recite or

contain a certification of such service may be disregarded by the Court. 

22. Facsimiles. As a courtesy to the parties, the undersigned accepts the following by

facsimile [(973) 645-2469]: (a) confidential status letters, (b) joint discovery plans, (c)

pro hac vice applications, (d) proposed orders, and (e) any other document that is five (5)

pages or less. The parties can request telephonic permission from any member of the

undersigned’s staff to submit any other documents via facsimile.

23. Pro Hac Vice Applications. The undersigned accepts informal applications to admit

counsel pro hac vice. The informal application must include: (a) an affidavit of local

counsel, (b) an affidavit of counsel seeking admission pro hac vice, and (c) a proposed

form of order. The undersigned encourages all parties to consult L. Civ. R. 101.1 (c), and

the related commentary in Lite, N.J. Federal Practice Rules (Gann 2007), for information

about the form and content of the aforementioned affidavits and proposed form of order.

24. Protective Orders. Any proposed confidentiality order agreed to by the parties must

strictly comply with Fed.R.Civ.P. 26(c) and Local Civil Rule 5.3. See also Pansy v.

Borough of Stroudsburg, 23 F.3d 772 (3d Cir. 1994); Glenmede Trust Company v.

Thompson, 56 F.3d 476 (3d Cir. 1995). Any such form of order must be accompanied by

an affidavit or attorney certification filed electronically under the designation

“affidavit/certification in support of discovery confidentiality order.” The affidavit or

attorney certification shall describe (a) the nature of the materials to be kept confidential,

(b) the legitimate private or public interests which warrant confidentiality and (c) the

clearly defined and serious injury that would result should the order not be entered. Any

such order must be clearly designated “Discovery Confidentiality Order.” See Local

Civil Rule 5.3. 

25. Audio/Visual Equipment. The Court has various audio/visual and automated evidence

presentation equipment available to the Bar for use at no cost. This equipment includes

an evidence presentation system, which consists of a document camera and a projector. 

The projector may be used to display images which originate from a variety of sources,

including television, VCR, and personal computer. The document camera may be used to

display documents, photographs, charts, transparencies, and small objects. For further

information, please contact Philip Selecky, the undersigned’s Courtroom Deputy. 

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26. Telephone Status Conference. There will be a telephone status conference before the

undersigned on October 24, 2011 at 2:30 p.m. Plaintiff’s counsel shall initiate the

conference call. One week prior to this conference, each party must submit a

confidential memorandum to the Court [via facsimile (973) 645-2469], of no more than

two pages that provides an update as to the discovery process and the overall status of the

case. 

27. FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER OR ANY

SUBSEQUENT SCHEDULING ORDERS ENTERED BY THIS COURT MAY

RESULT IN SANCTIONS.

 

s/ Esther Salas 

ESTHER SALAS

UNITED STATES DISTRICT JUDGE

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