Case No. 02 B 2474.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 14, 2005
SECOND AMENDED PRETRIAL ORDER FOR CLAIMS OF PHILIP MORRIS CAPITAL CORPORATION ET AL.
SUSAN SONDERBY, Chief Judge, Bankruptcy
The following provisions will govern the future course of this proceeding. Failure to comply with the provisions of this order may result in waiver of claims or defenses, dismissal, exclusion or admission of evidence, or other sanction, as justice may require.
The parties shall exchange Expert Disclosures required under Fed.R.Bank.Proc. 7026 and Fed.R.Civ.P. 26(a)(2), not later than June 30, 2005.
Oral and written discovery shall be completed by both parties by no later than August 8, 2005.
Phillip Morris Capital Corporation’s (“PMCC”) opening trial brief shall be filed with the Court and served upon Kmart Corporation (“Kmart”) by September 6, 2005.
Kmart’s response trial brief shall be filed with the Court and served upon PMCC by September 30, 2005.
PMCC’s reply trial brief shall be filed with the Court and served upon Kmart by October 14, 2005.
The parties shall exchange their list of witnesses and copies of proposed exhibits by October 21, 2005.
The parties shall file any and all motions in limine by October 28, 2005.
Counsel for both parties are hereby ordered to confer and together prepare and file with the court on or before November 1, 2005, a joint document captioned “Pretrial Statement.” The Pretrial Statement will contain the following information:
1. A brief statement of the theory of each claim and each defense;
2. A statement of stipulated facts in numbered paragraphs;
3. A statement in numbered paragraphs setting out the material facts which are in dispute;
4. Each party’s list of witnesses with any objections noted, stating grounds; and
5. Each party’s list of exhibits it plans to offer with objections noted, stating grounds.
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Each party will provide all other parties a copy, and the courttwo copies, of all exhibits to be used at trial. Each exhibit will be pre-marked, e.g., “Plaintiff’s Exhibit 1.” Any exhibit to which an objection is not raised in the Pretrial Statement will be received in evidence without an offer during the trial.
The trial of these matters shall be held during the afternoons of November 8, 9, and 10, 2005, commencing on each day at 2:00 p.m. The trial of these matters shall be conducted in Courtroom 642, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois. An attorney who is a member of the trial bar under the provisions of Rule 600(B) of the Local Bankruptcy Rules of this Court shall participate in the trial.
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