Free Pretrial Order - District Court of Federal Claims - federal

Case 1:06-cv-00436-MCW

Document 26

Filed 09/27/2007

Page 1 of 6

In the United States Court of Federal Claims
No. 06-436C (Filed September 27, 2007) **************************** ULYSSES, INC., * * * * * * * * * * * *

Plaintiff, v. THE UNITED STATES, Defendant. ****************************

_________________________________________ PRE-TRIAL SCHEDULING ORDER __________________________________________

1. Meeting of Counsel. The parties shall meet to satisfy the requirements of Rules of the U.S. Court of Federal Claims (RCFC) Appendix A ¶ 13, including the exchange of exhibit and witness lists, on or before June 16, 2008. Within 7 days after the meeting, counsel shall file a Joint Certification verifying that they met and accomplished all matters required by RCFC Appendix A ¶ 13. See RCFC Appendix A ¶ 13(d). 2. Memorandum of Contentions of Fact and Law. In accordance with RCFC Appendix A ¶ 14, Plaintiff shall file its Memorandum of Contentions of Fact and Law (Memorandum) on or before June 30, 2008. Defendant shall file its responsive Memorandum on or before July 28, 2007. Each Memorandum shall be accompanied by witness lists and exhibit lists and any motions contemplated by Appendix A ¶¶ 14, 15 and 16. Any objection to a witness or exhibit not made in the Memorandum or a separate motion filed on the same date shall, if the objection is of a type that could reasonably have been identified at the time of such filing, be deemed waived absent a showing of a compelling reason for the failure. 3. Joint Witness and Exhibit List. The parties will file a joint witness list and joint exhibit list, using the template attached, on or before August 11, 2008. The joint exhibit list should be completed as follows: (i) Joint stipulated exhibits, to be numbered J1, J2, etc., (ii) Plaintiff's

Case 1:06-cv-00436-MCW

Document 26

Filed 09/27/2007

Page 2 of 6

exhibits to be numbered P1, P2, etc.; (iii) Defendant's exhibits to be numbered D1, D2, etc.; (iv) Plaintiff's objections to Defendant's exhibits, if any, including the basis for each objection; and (v) Defendant's objections to Plaintiff's exhibits, if any, including the basis for each objection. The actual exhibits shall be brought to the trial by the parties with sufficient copies, including one for the witness, two for the court and the official copy to be submitted to the court reporter. The exhibits shall be numbered and compiled in a loose-leaf/3-ring binder. Unbound submissions, such as maps, photographs, physical evidence and charts, may be submitted. Reduced copies of charts and photographs should be included in the binder, when possible. 4. Pretrial Conference. The Court will hold the Final Pretrial Conference on August 18, 2008, at 10 a.m. EST, at the United States Court of Federal Claims, 717 Madison Place, Washington, DC. The parties shall identify and file a copy of any exhibit as to which an objection remains outstanding no later than August 11, 2008, so that such objections may be discussed at the pretrial conference. The parties shall be prepared to argue any outstanding motions in limine at the pretrial conference. The parties shall notify each other of the names of witnesses and the order in which they will testify no less than forty-eight hours prior to that witness's testimony, using the scheduling template attached hereto. A copy of the attached template will be, at the request of a party, provided to the party in electronic form by the court. 5. Trial. Trial will be conducted the week starting August 25, 2008, in Philadelphia, PA. Trial will begin at 9:30 a.m. each day, and conclude at 6:00 p.m. unless the court otherwise orders. During each day of trial, the court anticipates taking a 15-minute mid-morning recess, a onehour luncheon recess and one 15-minute mid-afternoon recess. Subject to the availability of the courtroom, the court is willing to sit late to accommodate the schedules of witnesses.

s/Mary Ellen Coster Williams MARY ELLEN COSTER WILLIAMS Judge

Case 1:06-cv-00436-MCW

Document 26

Filed 09/27/2007

Page 3 of 6

T RIAL S CHEDULE Ulysses, Inc. v. United States (06-436C)
August 25 - 29, 2008

Time

Sun.

Monday 8/25

Tuesday 8/26

Wednesday 8/27

Thursday 8/28

Friday 8/29

Sat.

9:30 10:00 10:30 11:00 11:30 12:00 12:30 to 1:30 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 Break Break Break Break Break

Case 1:06-cv-00436-MCW

Document 26

Filed 09/27/2007

Page 4 of 6

Ulysses, Inc. v. United States (06-436C)

LIST OF PLAINTIFF'S TRIAL EXHIBITS AND WITNESSES

P EX#

D ATE

D ESCRIPTION OF E XHIBITS AND W ITNESSES

A CTION

N OTES

Case 1:06-cv-00436-MCW

Document 26

Filed 09/27/2007

Page 5 of 6

Ulysses, Inc. v. United States (06-436C)

LIST OF DEFENDANT'S TRIAL EXHIBITS AND WITNESSES

D EX#

D ATE

D ESCRIPTION OF E XHIBITS AND W ITNESSES

A CTION

N OTES

Case 1:06-cv-00436-MCW

Document 26

Filed 09/27/2007

Page 6 of 6

Ulysses, Inc. v. United States (06-436C)

LIST OF JOINT TRIAL EXHIBITS AND WITNESSES

J EX#

D ATE

D ESCRIPTION OF E XHIBITS AND W ITNESSES

A CTION

N OTES