IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
: CIVIL ACTION
:
vs. :
:
: NO.
FEDERAL RULE OF CIVIL PROCEDURE 16 PRETRIAL SCHEDULING ORDER
STANDARD TRACK CASES
AND NOW, this day of , 2024, following a preliminary pretrial conference,
IT IS HEREBY ORDERED as follows:
1. 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 Click here to
enter a date..
2. On or before Click here to enter a date., counsel for each party shall serve upon
counsel for every other party the information referred to in Federal Rule of Civil Procedure
26(a)(2)(B) by expert report, deposition, or answer to expert interrogatory. If the evidence is
intended solely to contradict or rebut evidence on the same subject matter identified by another
party, counsel shall serve the information on counsel for every other party on or before Click here
to enter a date..
3. Dispositive motions shall be filed no later than Click here to enter a date..
No later than 14 days prior to the filing of any summary judgment motion pursuant to Federal
Rule of Civil Procedure 56, the parties shall meet and confer about the material facts. The moving
party’s initial filing must include a Concise Statement of Stipulated Material Facts, which sets forth
(in numbered paragraphs) material facts and important background facts that the parties agree are
not in dispute for purposes of Summary Judgment. When possible, the parties should include
citations to the summary judgment record for each stipulated fact.
To the extent that any party seeks to rely on facts not included in the Concise Statement of
Stipulated Facts, it shall set forth those facts in a Concise Statement of Additional Facts. Like the
Statement of Stipulated Facts, the Statement of Additional Facts shall be organized in numbered
paragraphs. The party shall provide citations to the precise pages of the summary judgment record
that support each factual assertion in the Statement of Additional Facts.
4. On or before Click here to enter a date., counsel for each party shall serve upon
counsel for every other party:
(a) the original or a copy of each exhibit they expect to offer at trial in furtherance of
their respective contentions. Each party shall mark its trial exhibits in advance of trial with
consecutive numbers appropriately prefixed with an identifying letter of counsel's choice (i.e.,
P-1, P-2; D-1, D-2);
(b) curriculum vitae for each expert witness expected to testify; and
(c) a specific identification of each discovery item expected to be offered into
evidence.
5. 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 16.1, as follows:
Plaintiffs - on or before Click here to enter a date..
Defendants - on or before Click here to enter a date.
All motions in limine shall be filed on or before Click here to enter a date.. Responses
thereto are due on or before Click here to enter a date..
In addition to compliance with Local Rule of Civil Procedure 16.1, the parties shall include
the following in, or attached to, their pretrial memoranda:
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a. a listing of the identity of each expert witness to be called at trial by the party;
b. a curriculum vitae for each expert witness listed;
c. a listing of each fact witness to be called at trial with a brief statement of the nature
of their expected testimony (witnesses not listed may not be called by that party in its case-in-chief);
d. an itemized statement of claimant's damages or other relief sought;
e. a statement of any anticipated important legal issues on which the Court will be
required to rule, together with counsel's single best authority on each such issue.
One copy (1) of the pretrial memoranda shall be filed with the Clerk of the Court and two
(2) copies shall be sent to the Court (Chambers).
6. A final pretrial conference for this matter will be held on Click here to enter a date.,
at a.m. in chambers (Room 17613).
7. (a) If a jury trial is scheduled, the parties shall file in writing with the Clerk of Court
one (1) copy of joint proposed jury instructions on substantive issues and proposed verdict forms or
special interrogatories to the jury. The parties shall also file one (1) copy of proposed jury
instructions, verdict forms, or special interrogatories on those issues not agreed upon by the parties
in their joint submission. These filings shall be made on or before Click here to enter a date.. Jury
instructions shall be submitted each on a separate sheet of paper, double spaced, with accurate quotes
from and citations to cases and pattern jury instructions where appropriate. A courtesy copy of these
filings shall be submitted to chambers in hard copy, and emailed in Microsoft Word format to
[email protected].
(b) If a non-jury trial is scheduled, the parties shall file one (1) copy of proposed findings
of fact and conclusions of law with the Clerk of the Court on or before Click here to enter a date..
A courtesy copy shall be submitted to chambers in hard copy, and emailed in Microsoft Word
format to
[email protected].
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8. the parties shall file a complete and comprehensive stipulation of uncontested facts
on or before Click here to enter a date.; the original shall be filed with the Clerk of the Court, and
two (2) copies shall be submitted to the Court (Chambers).
9. At the commencement of trial, the parties shall provide the Court with three (3)
copies of a schedule of exhibits which shall briefly describe each exhibit. At the trial, the parties
shall provide the Court with two (2) copies of each exhibit at the time of its first use at trial.
10. This case will be listed for trial as follows:
Date Certain: Click here to enter a date.
Counsel should consider themselves attached as of this date.
COUNSEL PLEASE NOTE: This Scheduling Order will be the only written notice counsel receive
of the date this case will be tried. Counsel and all parties shall be prepared to commence trial on
that date.
11. 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 each such objection, clearly and concisely, in their pretrial
memorandum. Such objection shall describe with particularity the ground and the authority for the
objection. Unless the court concludes at trial that manifest injustice will result, the Court can be
expected to overrule any objection offered at trial in respect to any matter covered by (a), (b), (c)
and/or (d) above, if the Court concludes that the objection should have been made as required by
this Order.
12. 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, unless
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stipulated to by all affected parties and approved by the Court, or by Order of Court so as to avoid
manifest injustice.
13. Because a witness may be unavailable at the time of trial in the manner defined in
Federal Rule of Civil Procedure 32(a)(4), 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, 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.
BY THE COURT:
_____________________________
John R. Padova J.
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