GROVE v. RIZZI 1857 S.P.A.

Filing 137

ORDERED THAT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (DOCKET NO. 125) IS DENIED IN PART AND GRANTED IN PART. A JURY TRIAL WILL BE HELD ON MAY 13, 2013 AT 9:30 A.M. IN COURTROOM 10B BEFORE THE HON. GENE E.K. PRATTER. THE TRIAL SHALL CONCLUDE NO LATER THAN MAY 14, 2013 AT 12:30 P.M. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/12/13. 3/12/13 ENTERED AND COPIES MAILED AND E-MAILED.(rab, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GIL GROVE,
Plaintiff,
v.
RIZZI 1857 S.P.A.,
Defendant.

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CIVIL ACTION

NO. 04-2053

ORDER
AND NOW, this 12th day of March, 2013, having reviewed Plaintiff Gil Grove’s Motion
for Default Judgment (Docket No. 125) and the supplemental brief in support thereof (Docket
No. 130), and having held a hearing on the Motion, it is hereby ORDERED that:
1.

The Motion is GRANTED IN PART as to Defendant Rizzi 1857 S.P.A.’s liability
on all counts.

2.

The Motion is DENIED IN PART with regards to Mr. Grove’s claimed damages
against Rizzi.

3.

A jury trial on damages shall be held on Monday, May 13, 2013 at 9:30 a.m in the
United States District Court for the Eastern District of Pennsylvania, 601 Market
Street, Philadelphia, PA 19106 in Courtroom 10B. Jury selection will commence
at that same date, time, and location. The trial shall conclude by no later than
Tuesday, May 14, 2013 at 12:30 p.m.

4.

Mr. Grove shall prepare and file with the Clerk of Court his Pretrial
Memorandum, in accordance with this Order and Local Rule of Civil Procedure
16.1(c) by no later than April 5, 2013. One (1) copy of the Pretrial Memorandum
shall be served on the Court (Chambers, Room 10613) when the original is filed.

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5.

By May 3, 2013, Mr. Grove shall submit to the Court (Chambers, Room 10613)
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), and (c) proposed jury interrogatories. The originals shall be filed with
the Clerk of the Court.

6.

If a model jury instruction taken, for instance, from the Third Circuit Model
Instructions, O’Malley, Grenig & Lee, Federal Jury Practice and Instructions, or
Sand, Modern Federal 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 with additions
underlined and deletions placed in brackets.

7.

By May 3, 2013, Mr. Grove shall submit to the Court (Chambers, Room 10613) a
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
the cause(s) of action. The statement of the case should not exceed two (2) pages
in length.

8.

By May 3, 2013, Mr. Grove shall supply the Court with two (2) copies
of each exhibit, and three (3) copies of a schedule of exhibits which briefly
describes each exhibit.

9.

All counsel are reminded to review the Court’s General Policies and Procedures
and Guidelines for Trial and Other Proceedings in the Courtroom available on the
Court’s website at www.paed.uscourts.gov concerning the conduct of the
litigation, including trial. Any counsel or unrepresented party desiring a hard

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copy of this document may call the Court’s Civil Deputy at 267-299-7350, to
request a copy. These Policies and Procedures address many issues that
frequently arise during the pendency of cases, and all counsel and unrepresented
parties are expected to follow those procedures in spirit and in fact.
10.

EXTENSIONS OF TIME: Any application for extension of any deadline set
forth in this Order shall be granted only to prevent manifest injustice. See Fed. R.
Civ. P. 16(e). Any such request shall include a factual verification of counsel or
unrepresented party or witness and shall contain a statement of the position of all
other parties as to the request.

BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge

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