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Richard Basciano, D/B/A 303 West 42nd Street Realty v. Five Star Parking

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


August 3, 2012

RICHARD BASCIANO, D/B/A 303 WEST 42ND STREET REALTY PLAINTIFF,
v.
FIVE STAR PARKING, L&R AUTO PARKS, INC., T/A FIVE STAR PARKING, A CALIFORNIA GENERAL PARTNERSHIP, AND ENTERPRISE PARKING COMPANY, LLC, : A CALIFORNIA GENERAL PARTNERSHIP, AND DEFENDANTS.

The opinion of the court was delivered by: Jan E. Dubois, J.

SECOND AMENDED SCHEDULING ORDER

AND NOW, this 3rd day of August, 2012, the Court having issued a ruling on choice of laws issues on said date, IT IS ORDERED that the case shall proceed on the following schedule:

1. All remaining fact-discovery is complete;

2. Counsel reported that they did not plan to call at trial any expert witnesses on liability or damages;

3. Counsel reported that they did not plan to use at trial any opinion testimony from lay witnesses under Federal Rule of Evidence 701;

4. Any motions for summary judgment applicable to plaintiff's claims against defendants, L&R Auto Parks, Inc., and Enterprise Parking Company, LLC, shall be filed and served on or before September 7, 2012. Pursuant to the Court's Pretrial and Trial Procedures, moving parties shall include with any motion for summary judgment a separate, short and concise statement of the material facts as to which the moving party contends there is no genuine issue of material fact. The response to any such motion shall be filed and served three (3) weeks after the filing of any such motion, but in no event later than September 28, 2012. The response to the motion for summary judgment shall include a separate, short and concise statement of material facts, responding to the numbered paragraphs set forth in the moving party's statement, as to which it is contended that there exists a genuine issue of material fact. The responding party may also set forth, in additional numbered paragraphs, any additional material facts which the responding party contends preclude the granting of the motion for summary judgment. Two (2) copies of any such motions and responses shall be served on the Court (Chambers, Room 12613) when the originals are filed;

5. All trial exhibits that will be used in the case against all defendants shall be marked and exchanged on or before November 26, 2012;

6. 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(c) as follows:

a. Plaintiff - on or before December 3, 2012.

b. Defendants - on or before December 10, 2012.

One (1) copy of each Pretrial Memorandum shall be served on the Court (Chambers, Room 12613) when the original is filed;

7. The case will be placed on the Court's trial list on January 11, 2013;*fn1

8. Any party having an objection to: (a) the admissibility of any exhibit based on authenticity; or, (b) the admissibility for any reason (except relevancy) of any evidence expected to be offered, shall set forth separately each such objection in their Pretrial Memorandum. Each 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;

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. The parties shall meet to prepare a complete and comprehensive stipulation of uncontested facts pursuant to (d)(2)(b)(2) of Local Rule of Civil Procedure 16.1; two (2) copies of such stipulation shall be submitted to the Court (Chambers, Room 12613) at least three (3) days before the case appears on the trial list. The original shall be filed with the Clerk of the Court;

12. At least three (3) days before the case appears on the trial list, each party shall submit to the Court (Chambers, Room 126l3) two (2) copies of (a) proposed jury voir dire questions, (b) proposed jury instructions with pinpoint citations of authority for each point (ONE POINT PER PAGE), (c) proposed jury interrogatories, (d) motions in limine; and, (e) a trial memorandum on the legal issues involved in the case. The originals shall be filed with the Clerk of the Court.

If a model jury instruction taken, for instance, from O'Malley, Grenig & Lee, Federal Jury Practice and Instructions, or Sand, Modern Federal Jury Instructions, or Pennsylvania Suggested Standard Civil Jury Instructions, is submitted, the parties shall state whether the proposed jury instruction is unchanged or modified. If a party modifies a model jury instruction the modification shall be set forth in the following manner: additions shall be underlined and deletions shall be placed in brackets;

13. At least three (3) days before the case appears on the trial list, the parties shall submit to the Court (Chambers, Room 12613) a joint written statement of the case for reading to the jury at the commencement of the trial which shall cover (a) a brief statement of the facts; (b) a brief statement of plaintiff's causes of action and the essential elements of each cause of action; and,

(c) a brief statement of the defenses and the essential elements of each affirmative defense. The statement of the case shall not exceed two (2) pages in length; and,

14. At the commencement of trial, the Court should be supplied with two (2) copies of each exhibit, and three (3) copies of a schedule of exhibits which shall briefly describe each exhibit.

BY THE COURT:

Jan E. DuBois


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