Krasny v. Tenet HealthSystem Medical, Inc et al

UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 7
:
WOMAN’S MEDICAL HOSPITAL, 	: 	Bankruptcy No. 05-15521DWS
:
Debtor. 	:
:
MARVIN KRASNY, Chapter 7 Trustee for 	: 	Adversary No. 05-0404
the estate of Woman’s Medical Hospital, 	:
:
Plaintiff, 	:
:
vs. 	:
:
TENET HEALTHSYSTEM MEDICAL, INC., :
TENET HEALTHCARE CORPORATION, 	:
:
Defendants, 	:
P RETRIAL ORDER
AND NOW, this 28th day of June 2005, it is hereby ORDERED that:
1. The disclosure requirements of Fed.R.Civ.P. 26(a)(1), (a)(2), and (a)(3) as well as
the conference and discovery plan provisions of Fed.R.Civ.P. 26(f) do not apply to this
proceeding;
2. All discovery shall be completed on or before August 29, 2005;
3. All motions shall be filed on or before August 29, 2005;
4. On or before September 20, 2005, the parties shall file a joint pretrial statement
and file a copy with chambers. The joint pretrial statement shall be signed by all counsel.
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It is the obligation of the plaintiff's counsel to initiate the procedures for its preparation
and to assemble and submit the proposed pretrial statement to the court. Plaintiff's counsel
shall submit a proposed joint pretrial statement to defendant’s counsel not less than 7 days
prior to the deadline for its submission to the Court.
Counsel are expected to make a diligent effort to prepare a proposed pretrial statement
in which will be noted all of the issues on which the parties are in agreement and all of those
issues on which they disagree. The proposed pretrial order shall govern the conduct of the
trial and shall supersede all prior pleadings in the case. Amendments will be allowed only
in exceptional circumstances and to prevent manifest injustice. Failure of any party to timely
file the pretrial statement may result in the imposition of sanctions by the Court.
The joint pretrial statement shall be in the following form:
I. 	Basis of jurisdiction. (including a statement whether this matter is core
or non-core). If the matter is noncore, the parties shall state whether
they consent to the court's entry of a final order pursuant to 28 U.S.C.
§ 157(c)(2). 	If the parties disagree, they shall each cite to relevant
authority to support their positions.
II. 	Statement of uncontested facts.
III. 	Statements of facts which are in dispute. [No facts should be disputed
unless opposing counsel expects to present contrary evidence on the
point at trial, or genuinely challenges the fact on credibility grounds.]
IV. 	Damages or other relief. 	A statement of damages claimed or relief
sought. A party seeking damages shall list each item claimed under a
separate descriptive heading, shall provide a detailed description of
each item and state the amount of damages claimed. A party seeking
relief other than damages shall list the exact form of relief sought with
precise designations of persons, parties, places and things expected to
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be included in any order providing relief.
V. 	Legal issues presented and the constitutional, statutory, regulatory and
decisional authorities relied upon. 	(Counsel should include a brief
statement regarding which party has the burden of proof on each legal
issue.)
VI. 	Witnesses listed in the order they will be called along with a brief
statement of the evidence the witness will give. 	Witnesses shall be
classified between those who any party expects to present and those
whom any party may call if the need arises. If not already provided to
all parties, the address and telephone number of each witness shall be
disclosed.
VII. 	A list of all exhibits to be offered into evidence which shall be serially
numbered and physically marked before trial in accordance with the
schedule. All objections (other than relevancy) to any of the exhibits
shall be listed, specifying the nature thereof, under the exhibit.
Exhibits to which objections are not listed shall be admitted at trial and
objections not listed on the joint pretrial statement will not be allowed
at trial. Documents which a party may offer if the need arises shall be
separately identified.
VIII. 	A list of each discovery item and trial deposition to be offered into
evidence. 	(Counsel shall designate by page portion of deposition
testimony and by number the interrogatories which shall be offered in
evidence at trial.)
IX. 	Estimated trial time
X. 	A certification that the parties have attempted good faith settlement
discussions without success.
5. The dates in this Order are fixed by the Court. Any request for an extension of any
deadline, even if agreed to by all parties, shall be presented in a pleading filed with the Court
with a proposed form of Order as soon as the need for the additional time is apparent and in
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no event later than 15 days before the date(s) sought to be adjourned. 	The Court shall
consider such requests without the need for a hearing. In the absence of an Order granting
the extension, the dates set forth herein shall apply.
6. 	A 	mandatory 	final 	pretrial/settlement 	conference 	shall 	be 	held 	on
SEPTEMBER 27, 2005 at 2:20 p.m. in Bankruptcy Courtroom #3, Robert N.C. Nix
Federal Courthouse & Post Office, 900 Market Street, 2nd Floor, Philadelphia, PA. If the
adversary proceeding is not resolved prior to the conclusion of the conference, the adversary
proceeding shall be set down for trial at the Court’s first available date. Each party may file
five (5) days prior to the date of trial a trial memorandum with service on the opposing party
and a courtesy copy delivered to Chambers. The trial may be continued only in exceptional
circumstances on motion to and leave of the Court.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
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Copies to:
John C. Kilgannon, Esquire
Stevens & Lee, P.C.
1818 Market Street
29th Floor
Philadelphia, PA 19103
Derek J. Baker, Esquire
REED SMITH, LLP
2500 One Liberty Place
1650 Market Street
Philadelphia, PA 19103-7301
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