Superior Court of New Jersey Pre Trail Form by sqi10186

VIEWS: 14 PAGES: 6

More Info
									                                                      SUPERIOR COURT OF NEW JERSEY
                                                    LAW DIVISION: MIDDLESEX COUNTY
                                                       DOCKET NO. L-

IN RE: MIDDLESEX ASBESTOS                                    CIVIL ACTION —
       LITIGATION                                          ASBESTOS LITIGATION

                                                           UNIFORM CASE
                                                       MANAGEMENT ORDER FORM




       This matter coming on for a Case Management Conference with Special Master, Agatha
N. Dzikiewicz, on _______________________, 20_____.

ORDERED as follows:

       Counsel receiving this Order through computerized electronic medium (e-mail) shall be
deemed by the court to have received a copy of the filed original court document. Any document
served pursuant to this Order shall be deemed to be served by mail pursuant to R. 1:5-2.

       These matters are hereby consolidated for discovery, case management and trail.

       Trial counsel designations are hereby waived due to the age of this case/these cases.



Pleadings

______________________               The time by which plaintiff may serve summons and
                                     complaint upon defendant(s) ___________________ is
                                     extended to this date.

______________________               The time by which defendant ________________________
                                     may file an answer to the complaint is extended to this date.

______________________               The complaint is hereby amended to reflect wrongful death
                                     claim on behalf of plaintiff _________________________
                                     and to name ___________________________________ as
                                     executor(trix) of the estate. Any defendants having
                                     previously filed an answer to the complaint are hereby
                                     deemed to have filed an amended answer to the complaint
                                     without any further filing.




                                            L-1
                          Motions Regarding Pleadings

_______________________   Motions or applications seeking leave to amend the
                          complaint to add additional defendants or seeking leave to
                          file a third party complaint shall be made by this date.


Discovery

_______________________   Plaintiff shall serve answers to standard interrogatories and
                          shall advise defendants whether the plaintiff is available for
                          deposition and, if not, the reasons therefore by this date.

_______________________   Defendants shall serve answers to standard interrogatories
                          by this date.

_______________________   Plaintiff shall propound supplemental interrogatories and
                          document requests by this date.

_______________________   Defendants shall propound supplemental interrogatories
                          and documents requests by this date.

_______________________   Plaintiff shall serve answers to supplemental interrogatories
                          and document requests by this date.

_______________________   Defendants shall serve answers to supplemental
                          interrogatories and document requests by this date.

_______________________   Plaintiff shall serve answers to wrongful death
                          interrogatories and serve wrongful death reports by this
                          date.

_______________________   Supplemental/Amended answers to interrogatories shall be
                          served by this date.

_______________________   Plaintiff depositions shall be concluded by this date.
                          Plaintiff’s counsel shall contact the Special Master within
                          one week of this deadline if plaintiff’s depositions are not
                          completed by this date.

_______________________   Fact discovery, including depositions, shall be completed
                          by this date. Plaintiff’s counsel shall contact the Special
                          Master within one week of this deadline if all fact
                          discovery is not completed.




                                  L-2
_______________________       Plaintiff shall advise the Special Master of the status of
                              answers to interrogatories and depositions by this date.


Early Settlement Conference

_______________________       Settlement demands shall be served on all counsel and the
                              Special Master by this date.

______________________        Early settlement conference. All defense counsel shall
                              appear with authority to negotiate settlement and have a
                              representative authorized to negotiate settlement available
                              by phone. Any request to be excused from the settlement
                              conference shall be made to the Special Master no later
                              than 4:00 p.m. of the day prior to the conference.


Summary Judgment Motion Practice

_____________________         Summary judgment motions shall be filed no later than this
                              date.

_____________________         Last return date for summary judgment motions.


Medical Defense

_____________________         Any defendant wishing to present a medical defense shall
                              advise all counsel of its intention by entering a Notice of
                              Appearance of Defense Medical Counsel by this date. Any
                              defendant who does not file such an appearance by this date
                              may be foreclosed from asserting a medical defense.

____________________          If the defendants asserting a medical defense cannot agree
                              to the identity of the doctor conducting plaintiff’s medical
                              examination by this date, defendants shall arrange a
                              telephone conference with plaintiff’s counsel and the
                              Special Master. Plaintiff shall be subject to only one
                              defense medical examination absent exceptional
                              circumstances.

____________________          Plaintiff is to arrange for the transfer of pathology
                              specimens, medical records, x-rays and, if necessary,
                              executed medical authorizations by this date.




                                     L-3
____________________           The defense medical examination of plaintiff(s) shall be
                               completed by this date.

____________________           Plaintiff shall identify its medical experts and serve medical
                               reports and/or amended answers to interrogatories
                               regarding health status of plaintiff(s) by this date.
                               Plaintiff’s counsel shall schedule a conference call with the
                               Special Master and defense counsel asserting a medical
                               defense within one week after this deadline if all medical
                               reports are not served by this date.

____________________           Defendant shall identify its medical experts and serve
                               medical reports, if any, by this date.


Second Settlement Conference

____________________           Second settlement conference. All defense counsel shall
                               appear with authority to negotiate settlement and have a
                               representative authorized to negotiate settlement available
                               by phone. Any request to be excused from the settlement
                               conference shall be made to the Special Master no later
                               than 4:00 p.m. of the day prior to the conference.


Liability Expert Reports

____________________           Plaintiff shall identify its liability experts and serve liability
                               expert reports or a certified expert statement, by this date or
                               waive any opportunity to rely on liability expert testimony.

____________________           Defendant shall identify its liability experts and serve
                               liability expert reports, if any, by this date or waive any
                               opportunity to rely on liability expert testimony.

____________________           Plaintiff shall identify its rebuttal liability experts and serve
                               rebuttal liability expert reports, if any, by this date.

____________________           Motions, including for summary judgment, based on
                               liability or medical expert reports, shall be filed no later
                               than this date.

_______________________        Last return date for motions relating to liability or medical
                               expert reports.




                                       L-4
Economist Expert Reports

____________________       Plaintiff shall identify its expert economists and serve its
                           expert economist report(s), if any, by this date or waive any
                           opportunity to rely on economic expert testimony.

____________________       Defendant shall identify its expert economists and serve its
                           expert economist report(s), if any, by this date or waive any
                           opportunity to rely on economic expert testimony.


Expert Depositions

____________________       Expert depositions shall be completed by this date. To the
                           extent that plaintiff and defendant generic experts have
                           been deposed before, the parties seeking that deposition in
                           this case must file an application before the Special Master
                           and demonstrate the necessity for that deposition. To the
                           extent possible, documents requested in a deposition notice
                           directed to an expert shall be produced three days in
                           advance of the expert deposition. The expert shall not be
                           required to produce documents that are readily accessible in
                           the public domain.


Pre-Trial and Trial

_____________________      Final settlement conference. All defense counsel shall
                           appear with authority to negotiate settlement and have a
                           representative authorized to negotiate settlement available
                           by phone. Any request to be excused from the settlement
                           conference shall be made to the Special Master no later
                           than 4:00 p.m. of the day prior to the conference.

____________________       Exhibit lists and witness lists (which are to include a brief
                           description of the subject matter of the witness’ testimony)
                           are to be exchanged by this date.

_____________________      In limine motions are to be filed no later than this date.

_____________________      Last return date for in limine motions.

_____________________      Final Pretrial Conference.

_____________________      Trial Date.




                                   L-5
Miscellaneous         _______________________________________________

___________________   _______________________________________________

___________________   _______________________________________________



                                        _____________________________
                                                            , J.S.C.




                            L-6

								
To top