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Draim v. Virtual Geosatellite Holdings

February 21, 2006

JOHN E. DRAIM, PLAINTIFF,
v.
VIRTUAL GEOSATELLITE HOLDINGS, INC., ET AL., DEFENDANTS.
MOBILE COMMUNICATIONS HOLDINGS, INC., ET AL., PLAINTIFFS,
v.
JOHN E. DRAIM, DEFENDANT.



The opinion of the court was delivered by: John M. Facciola United States Magistrate Judge

PRETRIAL PROCEDURES ORDER

This case is before the Court upon consent of the parties to a trial before a United States Magistrate Judge. A two day bench trial is currently scheduled for April 17, 2006. A pre-trial conference will be held on March 28, 2006, at 9:30 a.m. In preparation for trial, it is, hereby, ORDERED that the parties comply with the following directives:

The parties shall file a Joint Pretrial Statement at least eleven (11) days prior to the date of the pretrial conference. To accomplish this, the parties shall meet and confer, upon the arrangement by counsel for plaintiff, prior to the filing of the Joint Pretrial Statement to discuss all pretrial matters. The Joint Pretrial Statement shall contain the following information as required in Local Rule 16.5(b):

1) A statement of the case;

2) A statement of claims made by the party;

3) A statement of defenses raised by the parties;

4) A schedule of the witnesses to be called by the party; Specifically, the first subdivision under witnesses shall be entitled "Witnesses which both Parties shall Call." The parties should indicate the anticipated duration of each witness's testimony and a brief summary of his or her anticipated testimony. The second subdivision shall be entitled "Plaintiff's Witnesses" and shall follow the same format as to each of the witnesses plaintiff intends to call but whom defendant does not. The third subdivision shall be entitled "Defendants' Witnesses" and shall follow the same format as to each witness defendant intends to call but whom plaintiff does not. The parties shall also indicate any objections to any witness named.

5) A list of exhibits to be offered in evidence by the party;

Specifically, counsel shall exchange their proposed exhibits. The first subdivision under exhibits shall be entitled "Joint Exhibits." In this subdivision, the parties shall list all the exhibits to which neither party has any objection and shall identify each such exhibit by a joint exhibit number, date, and author. A brief summary of the exhibit shall also be provided. The parties shall use the following format:

JEX #DateAuthorSummary 110/21/95SmithMemorandum re: job assignments

Once the exhibits have been exchanged, each party shall examine the other's exhibits, and as to each exhibit proffered, indicate whether it has any objection, and, if it does, the reason for such objection. The second subdivision of the portion of the Pretrial Statement entitled "Exhibits" shall be entitled "Plaintiff's Exhibits." In it, plaintiff will list his exhibits and defendant will note his objection using the following format:

PEX #DateAuthorSummaryObjectionFed. R. Evid 110/21/95SmithMemorandum re: job assignmentsRelevance403

The third subdivision of the portion of the Pretrial Statement entitled "Exhibits" shall be entitled "Defendants' Exhibits." In it defendants will list his exhibits and plaintiff will note their objection using the identical format. All exhibits listed by either party in the statement required by this Order shall be presumed to be authentic unless objection to their authenticity is made in the Pretrial Statement.

If the exhibit*fn1 was not disclosed either specifically or by category as a document that a party might use to support a claim or defense in a statement filed by that party pursuant to Fed. R. Civ. P. 26(a)(1), that exhibit may not be admitted into evidence unless the court finds ...


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