-151-
in the first five paragraphs above (but did so using the letter
“c” instead of “s”).
XVI. Pretrial Order of August 14, 2000
On August 14, 2000, the Court issued the following pretrial
order:
For cause, it is
ORDERED that each of the parties shall file no
later than September 5, 2000, a memorandum [issues
memorandum] setting forth--
(1) (a) The issues of fact (including
any issues subsidiary to ultimate issues) and (b) the
issues of law (including any issues subsidiary to
ultimate issues) to be resolved by the Court. Such
issues should be set forth in sufficient detail to
enable the Court to decide the case in its entirety by
addressing each of the issues listed.
(2) A clear, complete, and concise
exposition of each party’s position and the theory
underlying that position with respect to each of the
issues that are set forth pursuant to (1) above. In
this regard, each party shall include a statement in
narrative form of what each party expects to prove.
(3)(a) an indication as to whether
expert witness testimony is anticipated, (b) the nature
of the expert witness testimony, if any, and (c) the
questions the parties are expecting to ask the witness
on which to opine.
It is further
ORDERED that the statement of issues set forth
pursuant to (1) above shall control the admissibility
of evidence at trial and evidence offered at trial will
be deemed irrelevant unless it pertains to one or more
of the issues set forth pursuant to (1) above. It is
further
ORDERED that neither party will be allowed to
advance a position or theory underlying that position
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