IN RE UAL CORPORATION (Bankr.N.D.Ill. 2004)

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In re: UAL CORPORATION, et al., Chapter 11, Debtors.

Case No. 02 B 48191 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
December 6, 2004

TRIAL ORDER FOR DEBTORS’ OBJECTION TO BURLEY CLAIM [DOCKET NO. 7221]
EUGENE WEDOFF, Bankruptcy Judge

This proceeding having come before the Court for pretrial conference for Debtors’ Objection to Burley Claim [Docket No. 7221], it is hereby ordered:

1. This matter is bifurcated into (1) a first phase for discovery and trial on issues relating to liability, and (2) a second phase for discovery and trial on issues relating to damages, if necessary.

2. Discovery for the first phase shall be noticed so as to be completed on or before February 21, 2005.[1]

3. The parties shall exchange witness and exhibit lists for a trial for the first phase on or before February 25, 2005. All exhibits shall be identified by the numbers proposed to be used at trial.

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4. Parties shall not use large format demonstrative evidence if the information can be provided on 8½ “× 11” paper.

5. Motions in limine or objections to the admission of exhibits for a trial for the first phase shall be filed on or beforeMarch 1, 2005.

6. The Court will rule on any such motions on April 14, 2005.

7. A final pretrial conference for a trial for the first phase will be held on April 14, 2005, at 10:30 a.m.

8. No later than 9:00 a.m. on the first day of trial, all parties shall submit copies of their exhibits to the Court. If the hard copies of a party’s exhibits can be contained in a single 3-inch ring binder, the party may submit the exhibits in that manner, with one binder for the judge and a separate binder for the law clerk. If the exhibits cannot be contained in a single 3-inch ring binder, then the party must submit the exhibits on a CD-ROM, in pdf format, with each exhibit as a separate document, and with bookmarks for major divisions and for any attachments to the exhibit. A party may submit a CD-ROM rather than a binder even where the volume of exhibits would not require submission of a CD-ROM. Two copies of each CD-ROM must be submitted.

9. Any listed exhibits to which there is no objection will be admitted into evidence at the outset of the hearing.

10. The trial for the first phase in this matter shall commence on April 15, 2005, at 9:30 a.m.

[1] During the November 19 pretrial conference, the Court set the dates for the close of discovery, the exchange of witness and exhibit lists, and the filing of motions in limine based on an anticipated trial date of March 11, 2005. Based on the Court’s and the parties’ availability, the trial date is now set for April 15, 2005. Therefore, the parties are not opposed to extending the dates for close of discovery, the exchange of witness and exhibit lists, and the filing of motions in limine by one month if the Court deems it proper.

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