EASTERLING et al v. NATIONAL FOOTBALL LEAGUE, INC.

Filing 26

SCHEDULING ORDER - DISCOVERY DUE BY 7/2/2012; DISPOSITIVE MOTIONS DUE BY 7/16/2012; PLAINTIFF'S EXPERT REPORTS DUE JUNE 4, 2012; DEFENDANT'S REPORTS DUE JUNE 18, 2012; DEPOSITIONS OF ALL EXPERTS TO BE COMPLETED BY JULY 2, 2012 AND PLAINTIFF'S MUST RESPOND TO NFL'S MOTION TO DISMISS BY FEBRUARY 1, 2012.. SIGNED BY HONORABLE ANITA B. BRODY ON 11/21/2011. 11/22/2011 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHARLES RAY EASTERLING,
et al.
v.

:
:
:
:
:

CIVIL ACTION

NATIONAL FOOTBALL LEAGUE,
NO. 11-5209
et al.
SCHEDULING ORDER
AND NOW, this

21st

day

November

, 2011,

IT IS ORDERED as follows:
C

Plaintiffs must respond to the NFL's Motion to Dismiss by February 1, 2012.

1. Pretrial timetable:
•

All discovery shall be completed by July 2, 2012 .

•

Plaintiff's expert reports due June 4, 2012; Defendant's reports due June 18,
2012; depositions of all experts to be completed by: July 2, 2012.

•

Dispositive motions due July 16, 2012.

•

Pre-trial hearing, such as Markman or Daubert, will be scheduled if needed.

•

After all dispositive motions have been decided or when no dispositive
motions have been filed and the time for filing dispositive motions has
elapsed, the parties will be given notice of a trial date, a Final Pre-Trial
Conference, and deadlines for pretrial filings.

2. Unless the parties agree to another form of ADR, United States Magistrate Judge David
Strawbridge will be in touch with you regarding settlement. Judge David Strawbridge require
that lead counsel and parties with full settlement authority attend the conference.
3. With the exception of employment discrimination cases and cases in which the plaintiff is
pro se, I prefer that a party moving for summary judgment under F.R.C.P. 56 follow the
instructions set forth in Attachment A. The parties in employment discrimination cases and
cases in which the plaintiff is pro se should file traditional summary judgment motions. For
those following the instructions set forth in Attachment A, all responses and replies to
summary judgment motions shall contain a statement of undisputed and disputed facts. For
those using the traditional summary judgment procedure, all summary judgment motions and
responses shall contain a statement of undisputed and disputed facts. For me to consider any

filing made in conjunction with a motion for summary judgment, all references to affidavits,
depositions, documents or other evidence must cite specifically to the exhibit, page and line
number.
3. In a jury trial, each party shall submit with the pretrial memoranda:
(a) a trial memorandum on the legal issues in the case,
(b) proposed voir dire questions (limited to 15 questions),
(c) proposed jury instructions (one point per page). Failure to submit proposed jury
instructions may result in the forfeiture of a right to object to omissions in the jury
charge, and
(d) proposed jury verdict sheet and special interrogatories.

In addition to the items above, in non-jury cases, each party shall file:
(e) a trial memorandum on the legal issues in the case and
(f) proposed findings of fact and conclusions of law.
4. In preparation for the final pretrial conference, counsel are expected to communicate with
each other on the following matters in an effort to reach agreement. At the final pre-trial
conference, counsel must be prepared to present a report on the following matters:
(a) agreed to and disputed facts;
(b) objections to any proposed witnesses;
(c) objections to any proposed exhibits (including objections to genuineness and
authenticity);
(d) objections to any depositions to be read at trial;
(e) disputed legal issues;
(f) amendments to pleadings;
(g) stipulated to and disputed points for charge;
(h) verdict sheet and special interrogatories; and
(i) number of days required for trial.

5. If you fail to object to proposed voir dire questions, exhibits or witnesses prior to
trial, then you have waived any objection.
6. Three copies of the schedules of exhibits and, if practicable, two copies of the exhibits
themselves shall be prepared for my use at trial.
7. REMINDER: All official filings submitted to the Clerk of Court must be filed by the
attorney directly on to ECF. Counsel must submit to chambers TWO courtesy copies of all
papers filed with the clerk. The submissions to chambers must be in hard copy with a copy of
the ECF docket entry number on the first page. Double-sided copies are encouraged to save
paper. Note: This requirement also applies in ECF cases.
8. Your case has been assigned to:
_____ Law Clerk Maya Sosnov, [e-mail]
_____ Law Clerk Adam G. Yoffie, [e-mail]
__x___ Law Clerk John C. Eason, [e-mail]
9. Counsel are reminded that all submissions given directly to Judge Brody in the courtroom
or chambers must also be filed by counsel on to ECF.
10. Judge Brody's Policies and Procedures can be accessed via the U.S. District Court's
website at www.paed.uscourts.gov.
11. Throughout the course of the litigation, counsel shall provide the courtroom deputy clerk,
Jim Scheidt, with current telephone and FAX numbers(s).
s/Anita B. Brody
____________________
Anita B. Brody,
J.
Chambers Fax: [phone]
XC: Magistrate David R. Strawbridge
COPIES VIA ECF on __________to: COPIES MAILED on _________ to:

Attachment A
PREFERRED PROCEDURE

Brody Instructions on Summary Judgment for those moving under Rule 56(b)1
Rule 56(b) of the Federal Rules of Civil Procedure provides that:
“A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory
judgment is sought may, at any time, move with or without supporting affidavits for a summary
judgment in the party’s favor as to all or any part thereof.”

•

This Preferred Procedure is applicable to a defendant or other party with
respect to one or more issues as to which that party does not have the burden of
proof.

•

A party referred to in Rule 56(b) and moving under Rule 56(b) may move
without reference to supporting affidavits or other evidence and, in doing so,
the party making the motion shall:
(1) identify in outline form the issue(s) and/or sub-issue(s) as to which the
Motion is directed, for example, referring to the pleadings;
(2) affirm, on the basis prescribed in Rule 11, that there is no legally sufficient
evidentiary basis to support the issues so identified; and
(3) request judgment as provided in Rule 56(c).

•

The party against whom the Motion for Summary Judgment is addressed shall
file a Response not later than 20 days after the Motion for Summary Judgment
is received. The Response must include a statement of undisputed and
disputed facts. The Response, subject to the provisions of Rule 56(e) and (f),
must be supported with affidavits, depositions, documents or other evidence
permitted by those provisions. Where applicable, references to such evidence
must include specific citations to exhibit, page, and line number.

•

The movant shall file a Reply as permitted by Rule 56(e) and (f). Such a Reply
must be filed not later than 10 days after the Response is received. The Reply
must state the undisputed facts, address the disputed facts, and specify the
relevant exhibit, page, and line numbers when referring to the record.

THE PARTIES SHOULD NOT USE THIS PREFERRED PROCEDURE IN
EMPLOYMENT DISCRIMINATION CASES OR IN CASES IN WHICH THE PLAINTIFF IS
PRO SE.
1

•

The party against whom the Motion for Summary Judgment is directed
may, within 10 days after the Reply is received, file a Sur-reply to the Reply.
The Sur-reply must specify the relevant exhibit, page, and line numbers when
referring to the record.

The purpose of these Instructions is to encourage the parties in their dispositive motion to
track the natural order of trial where the plaintiff sets forth its case and the defendant then
responds.