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FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
PHILIP MORRIS INCORPORATED,
No. 99-2496 (GK)
O R D E R # 37
Eighth Case Management Order
Setting Pre-Trial Schedule
Upon consideration of the parties' numerous case management submissions,
the oral representations of counsel, and the
entire record herein, it is this 17th day of November 2000
ORDERED, that the following schedule shall
govern this case:
1. All written discovery shall
take place from December 1, 2000, until December 1, 2001.
2. All deposition discovery shall
take place from April 1, 2001, until August 1, 2002.
3. The Initial List of Fact
Witnesses shall be submitted no later than July 1, 2001.
4. The Initial List of Expert
Witnesses (with resumes, all publications written within the preceding ten years,
and a listing
of cases in which the witness has testified as an expert at trial or by deposition
within the preceding four years) shall be
submitted no later than August 1, 2001.
5. All Reports of Expert Witnesses
shall be submitted no later than September 15, 2001. (1)
A Final List of Fact Witnesses shall be submitted no later than December 1, 2001. (2)
A Final List of Expert Witnesses (with resumes, reports, all publications written within the preceding ten years, and a
listing of cases in which the witness has testified as an expert at trial or
by deposition within the preceding four years) shall be
submitted no later than February 1, 2002. (3)
All Fact Witness discovery shall conclude no later than July
All Expert Witness discovery shall conclude no later than August 1, 2002.
10. All summary judgment motions
shall be filed no later than October 15, 2002, and fully briefed no later than
11. Pre-trial conferences shall
be held on March 1, 2003; April 1, 2003; May 1, 2003; and June 1, 2003.
12. Trial shall commence on
July 15, 2003.
The schedule announced in this Order is
predicated on the current status of the Complaint, that is, as modified by the
Court's Memorandum Opinion and Order of September 28, 2000, dismissing Counts
I and II of Plaintiff's Complaint.
Should any party obtain interlocutory or other relief from that ruling, the
dates set forth in this Order shall be subject to
modification to reflect the impact of such relief on discovery in this case.
The Court anticipates that there will
be further Case Management Orders which deal more specifically with other issues,
such as procedures for resolving discovery and privilege disputes, after these
issues have been further refined and developed
by the parties and/or a neutral.
Further, as the Court indicated orally
during the November 2, 2000 hearing, it is ORDERED that:
1. The parties shall not contact Chambers
with questions orconcerns they have regarding the filing of documents in the
Clerk's Office. The parties are instead directed to contact Greg Hughes, Chief
Deputy of Operations in the Clerk's Office, at
2. The parties shall not make ex
parte telephone calls to Chambers, except in emergencies.
3. When the parties file documents in
the Clerk's Office, they shall include only one original and one copy, pursuant
LCvR 5.1(c). Any additional courtesy copies of documents must be hand-delivered
to Chambers directly.
4. The parties shall not file any document,
nor send a courtesy copy to Chambers of such a document, less than 48 hours
prior to any court proceeding, unless expressly ordered to do so by the Court.
U.S. District Judge
Sharon Y. Eubanks
Department of Justice
Civil Division, Torts Branch
P.O. Box 340
Ben Franklin Station
Washington, DC 20044
Timothy M. Broas
Winston & Strawn
1400 L Street, NW
Washington, DC 20005
Fred W. Reinke
Clifford, Chance, Rogers & Wells
607 14th Street, NW
Washington, DC 20005
1. Any Expert Witness for whom a Report is not submitted
by this date will be struck, absent extraordinary good cause.
2. If the Final List varies from the Initial List by more
than10% (plus or minus), such variation will be considered prima
facieevidence that the Initial
List was not submitted in good faith for purposes of considering the imposition