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Falcone v. Speedway LLC

United States District Court, E.D. Pennsylvania

January 19, 2017

PAUL FALCONE, Plaintiff,
v.
SPEEDWAY LLC, Defendant.

          ORDER

          LAWRENCE F. STENGEL, J.

         AND NOW, this 19th day of January, 2017, upon consideration of the defendant's motion for summary judgment (Doc. No. 44), plaintiff's response in opposition to defendant's motion for summary judgment (Doc. No. 47), and defendant's reply brief in support of its motion for summary judgment (Doc. No. 51), IT IS HEREBY ORDERED that defendant's motion for summary judgment (Doc. No. 44) is DENIED.

         IT IS FURTHER ORDERED that on or before Friday, April 21, 2017, counsel for each party shall serve upon opposing counsel:

(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.

         2. 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.

         3. 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 stipulated to by all affected parties and approved by the court, or by Order of court so as to avoid manifest injustice.

         4. 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 Friday, April 28, 2017
(b) Defendants - on or before Friday, May 5, 2017.

         5. One copy of the pretrial memoranda shall be filed with the Clerk of Court and two copies shall be sent to the court. In addition to compliance with Local Rule of Civil Procedure 16.1(c), the parties shall include the following in, or attached to, their pretrial memoranda:

(a) a listing of the identity of each expert witness to be called at ...

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