Free Reply to Response to Motion - District Court of Federal Claims - federal

Case 1:98-cv-00126-JFM

Document 856-3

Filed 09/03/2004

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Case 1:98-cv-00126-JFM

Document 856-3

Filed 09/03/2004

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3Jn tbe Wniteb ~tate~ qCourt of jf'eberal
No. 98- 126C

(tt(afm~

(Filed November 4, 1998)
I RECEIVED NOY
6 1998

YANKEE ATOMIC ELECTRIC COMPANY,
Plaintiff
t 11--

tt'.2--.

n/~~

THE UNITED STATES,
Defendant. *

PRETRIAL ORDER (RULE

16)11

It is

considered that " Appendix G" procedures will most likely not
of completing pretrial activity. If

constitute the most efficient method

however , counsel conclude otherwise , a motion to reinstate Appendix G proceedings should be filed promptly. Rather , it is concluded that pretrial exchanges between counsel will assist in obtaining ajust , speedy and inexpensive determination of the issues in this litigation (Rule 1). Upon the completion of these pretrial submissions and their review , counsel will be contacted to

This order contemplates that trial proceedings are required. If either party detennines that resolution of this suit can be accomplished through nontrial proceedings , a status report or a motion to stay further compliance with this order shall be filed promptly. Such report or motion shall specify the nontrial procedure(s) contemplated and the time necessary therefor.

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Case 1:98-cv-00126-JFM Document 856-3 Filed 09/03/2004 Page 3 of 6

schedule a pretrial conference (if needed) or trial at a time convenient to all
'JJ
concerned.

Appendix G" procedures shall not be applicable to this litigation, and instead:
service of defendant' answer in this matter , counsel of record for plaintiff shall furnish the following items to counsel of record for defendant:
. n . Within 60 days after

Accordingly, it is

ORDERED that, except

as otherwise ordered,

1. .

(a) a list, headed

by the caption of this case , describing the

documents to be offered in evidence with each document numbered in the order it will be offered (preferably in chronological order);

(b) a legible copy of each document listed pursuant to (a) except that no copy is required where counsel has knowledge that opposing counsel already possesses the document or an exact legible copy of the document as it will be

offered in evidence;
with a succinct

(c) a list, headed by the caption of this case , containing the name
address and occupation of each witness intended to be called to testify, together

statement of the nature and scope of

the testimony to be

presented by each such witness including the information specified in FRCP 26(a)(2)(B) for any witness who is to provide expert testimony;

Depending upon a number of factors, such as the l)cation of counsel , the

location cf the trial , the extent of prctiial agreement, etc., a fonnal pretrial conference in advance of trial may, or may not, be feasible or needed. In the event a pretrial conference is not scheduled in advance of trial , the opening portion of the trial would normally be devoted to proceedings in the nature of a pretrial conference. Agreed exhibits and other pretrial matters would be placed in the record, where possible, in advance of testimony. Counsel may,
of course, request that a pretrial conference(s) be scheduled in advance of trial

as needed.
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Case 1:98-cv-00126-JFM

Document 856-3

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(d) schedule(s) or summary(ies) setting forth all items and figures, from books of account or other records, and any calculations or estimates derived therefrom, which are to be introduced in evidence such as will permit their pretrial verification by examination or audit or also serve to obviate the
introduction into evidence of voluminous original materials Federal Rules of Evidence; RCFC (see

Rule 1006

33(c));

(e) a statement with respect to each schedule or summary furnished

journals, payrolls, invoices, checks , time cards, etc. ), the location(s) of the source(s), the time when the source(s) may be examined or audited by the the person(s) who prepared each opposing party, the name and schedule or summary and who will be made available to the opposing party during any examination or audit of the source material to provide information and explanations required for verification of the listed items or figures;
address of

under (d) describing

the source(s) for the items or figures listed (ledgers,

(t) a statement of relevant facts , headed by the caption of this case, in the form of a proposed stipulation of facts (particularly encompassing those facts deemed to be undisputed) with each fact separately numbered, preferably
in chronological order;

(g) a brief, headed by the caption of this case , of not more than 10 pages setting forth the points of law and authorities relied upon in the matter;
ed by the caption of this case , setting forth the preferred date(s) and location(s) for trial , together with an estimate of the trial time required for each location listed.
(h) a statement, heacf.

A schedule(s) or summary(ies) will often be submitted as a proposed exhibit(s) and listed in response to (a). Any such exhibit shall again be identified in response to this item (d). This schedule/summary item shall be headed by the caption of this case, and shall incorporate the information required by item (e).
'J/

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Case 1:98-cv-00126-JFM

Document 856-3

Filed 09/03/2004

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Responses . Within 60 days of the Jkf.en.dant' receipt of the material transmitted under 1., counsel of record for defendant shall furnish the following items to opposing counsel of record:
2. s SubJni5sjons and

(a) defendant' s submissions as required by the text of 1. (a)-(h);
(b) a statement,

headed by the caption of this case , admitting or

denying the authenticity or admissibility of each document listed by opposing

counsel for introduction into evidence, together with the reason(s) for any denial of admissibility or authenticity keyed to the applicable Federal Rule(s)
. of Evidence;

(c) a. statement , headed by the caption of this case , admitting or denying the accuracy or admissibility of each schedule or summary (or portion thereof) submitted by opposing counsel , which statement shall encompass each item and figure submitted and reflect and set forth the results of an examination or audit of the source material from which the submissions were derived and accuracy, citing generally shall set forth the reason(s) for any denial of

accepted accounting principles or regulations where applicable ,
reason(s) for any denial of

and the

admissibility, keyed to the applicable Federal

Rule(s) of Evidence;
(d) a reproduced copy of

the proposed stipulation of facts

as

submitted by opposing counsel under this order , with each numbered fact or portions thereof, if any, which is disputed circled iri black ink and each numbered fact or portions thereof, if any, which is agreed to but deemed to be not rele' "ant enclosed between black ink brackets, with the result that any numbered fact not circled or bracketed is submitted as relevant and stipulated.

transmitted pursuant to 2., counsel of record for

plaintiff shall furnish to opposing counsel plaintiffs submissions as required by the text of 2. (b)-(d).

3.

Within 30 days of the receipt of the material

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Case 1:98-cv-00126-JFM

Document 856-3

Filed 09/03/2004

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