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After due consideration, it is
* * * * * * *
ORDERED that each expert witness shall prepare a
written report, a copy of which shall be submitted by
counsel for the party who is proffering such report
directly to the undersigned and served on the other
party on or before June 30, 2000. * * *
* * * * * * *
ORDERED that any documents or materials that are
not part of the existing record in this case and that a
party expects to use at the further trial in this case
(except for impeachment), but which are not stipulated,
shall be identified in writing and exchanged by the
parties on or before July 20, 2000. The Court may
refuse to receive into evidence any document or mate-
rial not stipulated or exchanged, unless otherwise
agreed by the parties or allowed by the Court for good
cause shown. * * *
* * * * * * *
ORDERED that each party shall prepare a further
trial memorandum which shall be served and submitted
directly to the undersigned on or before August 4,
2000. The further trial memorandum shall contain-–
* * * * * * *
(2) A statement of issues (statement of issues)
in which each party shall set forth separately
(a) each issue of fact (including any issue sub-
sidiary to an ultimate issue) and (b) each issue
of law (including any issue subsidiary to an ulti-
mate issue) to be resolved by the Court. Each
such issue shall be set forth in the statement of
issues in sufficient detail so as to enable the
Court to decide the case in its entirety by ad-
dressing each of the issues listed.
(3) A statement of positions and theories (state-
ment of positions and theories) in which each
party shall set forth separately a clear and full
but concise exposition of such party’s position
and the theory underlying that position with re-
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