PEREZ v. LLOYD INDUSTRIES, INC. et al

Filing 22

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. 17 ) IS DENIED. FINAL PRETRIAL CONFERENCE SET FOR 5/29/2018 10:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE MITCHELL S. GOLDBERG., MOTION IN LIMINE DUE BY 4/17/2018., PLAINTIFF PRETRIAL MEM O DUE BY 4/17/2018., DEFENDANT PRETRIAL MEMO DUE BY 4/17/2018., TRIAL DATE SET FOR 6/5/2018 10:00 AM IN COURTROOM BEFORE HONORABLE MITCHELL S. GOLDBERG. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 12/5/2017. 12/5/2017 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________________
R. ALEXANDER ACOSTA, SECRETARY
:
OF LABOR, UNITED STATES
:
DEPARTMENT OF LABOR,1
:
:
Plaintiff,
:
:
v.
:
:
LLOYD INDUSTRIES, INC., ET AL.,
:
:
Defendants.
:
___________________________________________ :

CIVIL ACTION

No. 16-1079

ORDER
AND NOW, this 5th day of December, 2017, upon consideration of Defendants’ Motion
for Summary Judgment (Doc. No. 17), Plaintiff’s Response in opposition (Doc. No. 18), and
Defendants’ Reply in support (Doc. No. 19), and for the reasons stated in the accompanying
Memorandum Opinion, it is hereby ORDERED that Defendants’ motion is DENIED.
IT IS FURTHER ORDERED that:
1.

On or before March 27, 2018, counsel for each party shall serve upon counsel for
every other party:
(a)

a copy of each exhibit the party expects to offer at trial, together with an
index of all trial exhibits; and

(b)

proposed stipulations.

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R. Alexander Acosta, the current Secretary for the Department of Labor, has been substituted
for Thomas E. Perez as the Plaintiff pursuant to Fed. R. Civ. P. 25(d).
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2.

No later than April 17, 2018, the parties shall file their pre-trial memoranda and
motions in limine. The pretrial memoranda shall be prepared in conformance with
Local Rule of Civil Procedure 16.1(c), and shall include the following:
(a)

the identity of each fact witness, liability and damages, to be called at trial
with a brief statement of the nature of the expected testimony (witnesses
not listed may not be called by that party in its case-in-chief);

(b)

the identity of each expert witness to be called at trial with a brief
statement of each opinion to be offered by the expert;

(c)

designation of videotaped trial testimony and deposition testimony to be
offered at trial;

(d)

a list of each item of monetary damages claimed, including, as
appropriate, computations of lost earnings and loss of future earning
capacity, medical expenses, property damages, and any other economic
loss; or, if relief other than monetary damages is sought, information
adequate for framing an order granting the relief sought;

(e)

stipulations, if any;

(f)

objections to and the grounds for the objections to the admissibility of any
item of evidence including exhibits expected to be offered by another
party;

(g)

any party objecting to deposition testimony shall file the objections,
setting forth the page and line numbers of the challenged testimony and a
clear statement for the basis for each objection. The objecting party must

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provide the Court with a copy of the portions of the deposition transcript
with the challenged testimony highlighted; and
(h)

a statement of any anticipated legal issues on which the Court will be
required to rule.

3.

Responses to motions in limine, if any, shall be filed no later than May 8, 2018.

4.

No later than May 22, 2018, the parties shall file joint proposed jury instructions
on substantive issues and proposed verdict forms or special interrogatories to the
jury. Each party also shall file proposed jury instructions, verdict forms or special
interrogatories on those issues not agreed upon by the parties. Each jury
instruction shall be submitted on a separate sheet of paper, double-spaced, with
references to citations and pattern jury instructions where appropriate.

5.

Prior to the final pre-trial conference, counsel shall confer regarding stipulations
and exhibits. Counsel shall resolve, if possible, objections to exhibits and
witnesses.

6.

A final pre-trial conference will be held on May 29, 2018 at 10:00 a.m. in
Chambers. Counsel shall supply the Court with a tabbed exhibit binder and
exhibit index. Additional binders shall also be prepared for the Deputy Clerk and
for use with witnesses.

7.

At the final pre-trial conference, counsel shall be prepared to argue pending
motions in limine and objections to witnesses and exhibits.

8.

This case will be listed for trial on June 5, 2018 at 10:00 a.m. in Courtroom 4-B.
Counsel and all parties shall be prepared to commence trial on that date. All
counsel are attached for trial.

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BY THE COURT:
/s/ Mitchell S. Goldberg
______________________________
Mitchell S. Goldberg, J.

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