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

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 ...


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