FALCONE v. HESS CORPORATION

Filing 53

MEMORANDUM ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 44 ), IS DENIED. PLAINTIFFS PRETRIAL MEMORANDA IS DUE BY 4/28/2017. DEFENDANTS PRETRIAL MEMORANDA IS DUE BY 5/5/2017. ALL MOTIONS IN LIMINE SHALL BE FILED BY 5/5/2017. A FI NAL PRETRIAL CONFERENCE SHALL BE HELD ON 5/25/2017, AT 10:00 AM, IN COURTROOM 14B. JURY SELECTION SHALL BEGIN ON 5/30/2017, AT 9:30 AM, IN COURTROOM 14B. FURTHER INFORMATION OUTLINED HEREIN. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/19/2017. 1/19/2017 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PAUL FALCONE,
Plaintiff,
v.
SPEEDWAY LLC,
Defendant.

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CIVIL ACTION

NO. 14-2188

ORDER
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

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(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.
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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 trial by

(b)

a curriculum vitae for each expert witness listed;

(c)

a listing of each fact witness to be called at trial with a brief

the party;

statement of the nature of their expected testimony (witnesses not listed may not be called
by that party in its case-in-chief);
(d)

an itemized statement of claimant’s damages or other relief sought;

(e)

a statement of any anticipated important legal issues on which the

court will be required to rule, together with counsel’s single best authority on each such
issue.
6.

All motions in limine shall be filed on or before Friday, May 5, 2017.

Responses thereto are due on or before Friday, May 12, 2017.
7.

The parties shall file in writing with the Clerk of Court one copy of joint

proposed jury instructions on substantive issues and proposed verdict forms or special
interrogatories to the jury. The parties shall also file one copy of proposed jury
instructions, verdict forms, or special interrogatories on those issues not agreed upon by
the parties in their joint submission. These filings shall be made on or before Friday,
May 12, 2017. Each proposed instruction should be printed on a separate sheet of paper,
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double spaced, and should include citation to specific authority. Counsel shall submit a
copy of the proposed jury instructions to chambers on an IBM-compatible disk in Word
format. In the alternative, the copy may be sent to chambers via electronic mail to
[e-mail]. Proposed Jury instructions need only be
submitted with respect to substantive issues in the case.
8.

No later than three days before the date trial is scheduled to commence, the

parties shall file a complete and comprehensive stipulation of uncontested facts pursuant
to paragraph (d)(2)(b)(2) of Local Rule of Civil Procedure 16.1; the original shall be filed
with the Clerk of Court, and two copies shall be submitted to the court.
9.

At the commencement of trial, the parties shall provide the court with three

copies of a schedule of exhibits which shall briefly describe each exhibit. At the trial, the
parties shall provide the court with two copies of each exhibit at the time of its first use at
trial.
10.

Because a witness may be unavailable at the time of trial in the manner

defined in Federal Rule of Civil Procedure 32(a)(3), the court expects use of oral or
videotape depositions at trial of any witness whose testimony a party believes essential to
the presentation of that party’s case, whether that witness is a party, a non-party or an
expert. The unavailability of any such witness will not be a ground to delay the
commencement or progress of an ongoing trial. In the event a deposition is to be offered,
the offering party shall file with the court, prior to the commencement of the trial, a copy
of the deposition, but only after all efforts have been made to resolve objections with

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other counsel. Unresolved objections shall be noted in the margin of the deposition
page(s) where a court ruling is necessary.
11.

A Final Pretrial Conference shall be held on Thursday, May 25, 2017 at

10:00 a.m. at the United States Courthouse in Philadelphia, Courtroom 14B.
12.

Jury Selection shall begin on Tuesday, May 30, 2017 at 9:30 a.m., in the

United States Courthouse in Philadelphia, Courtroom 14B. Should time allow, opening
statements shall immediately follow the seating of the jury. Counsel should consider
themselves attached as of this date. This Scheduling Order shall be the only written
notice counsel receive of the date this case will be tried.

BY THE COURT:

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.

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