You're viewing Docket Item 26 from the case WILLIAMS v. CEDE & CO.. View the full docket and case details.

Download this document:




Case 2:12-cv-01216-DSC Document 26 Filed 10/03/13 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Plaintiff,

STUART A. WILLIAMS, trustee of THE
STUART A. AND FRANCINE W.
WILLIAMS REVOCABLE TRUST,





CEDE & CO., nominee name of the
Depository Trust Company,



Defendant.

v.








Case No. cv-12-1216

Honorable David S. Cercone

)
)
)
)
)
)
)
)
)
)
)
)


Fed. R. Civ. P. 26(f) REPORT OF THE PARTIES


Identification of counsel and unrepresented parties. Set forth the names, addresses,
1.
telephone and fax numbers and e-mail addresses of each unrepresented party and of each counsel
and identify the parties whom such counsel represent:

Counsel for Plaintiff:

Allen M. Lopus
[email protected]@clarkhillthorpreed.com
Danny Cerrone, Jr.
[email protected]
Clark Hill Thorp Reed
One Oxford Centre
301 Grant Street, 14th Floor
Pittsburgh, PA 15219-1425
(412) 394-7757

Counsel for Defendant:

Gregg M. Mashberg
[email protected]
Lawrence S. Elbaum
[email protected]
Proskauer
Eleven Times Square
New York, NY 10036-
(212) 969-3161





{01491802}



Case 2:12-cv-01216-DSC Document 26 Filed 10/03/13 Page 2 of 8

Set forth the general nature of the case (patent, civil rights, anti-trust, class action, etc):

David Berardinelli
[email protected]
DeForest Koscelnik Yokitis Skinner & Berardinelli
Koppers Building, 30th Floor
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 227-3135

2.

The Plaintiff alleges that the Defendant wrongfully disbursed $106,750.00, or the value of
61,000 shares of President Casinos, Inc. (“President Casinos”) stock, to persons other than the
Plaintiff. As the holder of President Casinos’ stock as of the Record Date provided in the
President Casinos and PRC Management, Inc. Chapter 11 Plan of Liquidation and the Order
from the United States Bankruptcy Court for the Eastern District of Missouri, the Plaintiff asserts
that it was entitled to the disbursement of these monies. As a result of the Defendant’s actions,
the Plaintiff asserts cause of action for breach of fiduciary duty and negligence.

The Defendant denies Plaintiff’s allegations. The Defendant also owed no fiduciary duty or duty
of care and was not a party to any contract with the Plaintiff.

3.
Date Rule 26(f) Conference was held, the identification of those participating therein
and the identification of any party who may not yet have been served or entered an
appearance as of the date of said Conference:

The Rule 26(f) Conference was held on Thursday, September 12, 2013. Danny Cerrone
participated on behalf of Plaintiff and Lawrence Elbaum participated on behalf of Defendant.

Date of Rule 16 Initial Scheduling Conference as scheduled by the Court: (Lead
4.
Trial Counsel and unrepresented parties shall attend the Rule16 Initial Scheduling Conference
with their calendars in hand for the purpose of scheduling other pre-trial events and procedures,
including a Post-Discovery Status Conference; Counsel and unrepresented parties shall attend
the Rule 16 Initial Scheduling Conference prepared to discuss the anticipated number of
depositions and identities of potential deponents and the anticipated dates by which
interrogatories, requests for production of documents and requests for admissions will be
served):

The Rule 16 Initial Scheduling Conference is set for October 4, 2013 at 11:45 a.m. Chief trial
counsel for all parties will attend.

5.
to Fed. R. Civ. P. 12 and the date(s) by which any such anticipated motion may be filed:

None.


Identify any party who has filed or anticipates filing a dispositive motion pursuant



{01491802}



Case 2:12-cv-01216-DSC Document 26 Filed 10/03/13 Page 3 of 8


6.
Designate the specific Alternative Dispute Resolution (ADR) process the parties
have discussed and selected, if any, and specify the anticipated time frame for completion
of the ADR process. Set forth any other information the parties wish to communicate to
the court regarding the ADR designation:

The parties agree to non-binding Early Neutral Evaluation. The parties will work together
to select an Early Neutral Evaluator within ten (10) days and inform the Court of their
selection and time frame for the completion of the ADR process.


7.
Set forth any change that any party proposes to be made in the timing, form or
requirements of Fed. R. Civ. P. Rule 26(a) disclosures, whether such change is opposed by
any other party, whether any party has filed a motion seeking such change and whether
any such motion has been ruled on by the Court:

In light of settlement discussions in mid-September 2013, the parties agreed that Rule 26(a)
Disclosures would be provided on or before October 3, 2013.

Subjects on which fact discovery may be needed. (By executing this report, no party
8.
shall be deemed to (1) have waived the right to conduct discovery on subjects not listed
herein or (2) be required to first seek the permission of the Court to conduct discovery with
regard to subjects not listed herein):


The parties anticipate that discovery will be needed on the following subjects:



1.

2.

3.

4.

5.

6.

7.

8.

Documents and communications between DTC/Cede and the President Casinos’
Liquidation Trust/Trustee;

Documents and communications between DTC/Cede and Computershare relating
to President Casinos;

Documents and communications between DTC/Cede and any holders of
beneficial interests of President Casinos stock;

Documents and communications between DTC/Cede and Charles Schwab relating
to President Casinos;

DTC/Cede internal documents and communications;

Documents and communications relating to the Williams Trust’s sale of shares in
President Casinos;

Documents and communications between the Williams Trust and President
Casinos’ Liquidation Trust/Trustee;

Documents and communications between the Williams Trust and any other
shareholder in President Casinos;

{01491802}



Case 2:12-cv-01216-DSC Document 26 Filed 10/03/13 Page 4 of 8

9.

10.

Documents and communications between the Williams Trust and FINRA
concerning President Casinos; and

Documents and communications between the Williams Trust and any other
person concerning President Casinos.

Set forth suggested dates for the following: (The parties may elect by agreement to
9.
schedule a Post-Discovery Status Conference, as identified in Paragraph 12, below, at the
conclusion of Fact-Discovery rather than at the conclusion of Expert Discovery. In that event, the
parties should provide suggested dates only for the events identified in sub-paragraphs 9.a
through 9.e, below. The parties shall provide such information even if dispositive motions
pursuant to Fed. R. Civ. P. 12 have been or are anticipated to be filed. If there are dates on
which the parties have been unable to agree, set forth the date each party proposes and a brief
statement in support of each such party’s proposed date. Attach to this report form a proposed
Court Order setting forth all dates agreed to below and leaving a blank for the insertion of a date
by the Court for any date not agreed to):


Date(s) on which disclosures required by Fed. R. Civ. P. 26(a) have been or will be
made: The parties agree that Rule 26(a) disclosures will be made by October 3,
2013.


Date by which any additional parties shall be joined:

The Plaintiff proposes February 4, 2014. The Defendant proposes November 4, 2014

Date by which the pleadings shall be amended:

The Plaintiff proposes February 4, 2014. The Defendant proposes November 4, 2014

Date by which fact discovery should be completed:

The Plaintiff proposes March 4, 2014. The Defendant proposes December 4, 2014

If the parties agree that discovery should be conducted in phases or limited to or
focused on particular issues, identify the proposed phases or issues and the
dates by which discovery as to each phase or issue should be completed: The
parties agree that discovery will not be conducted in phases.




Date by which plaintiff’s expert reports should be filed: For this and subsections 9(g)
through 9(k), please see No. 12 below. The parties have agreed to a Post-Fact
Discovery Status Conference.


Date by which depositions of plaintiff’s expert(s) should be completed:

Date by which defendants’ expert reports should be filed:


{01491802}



Case 2:12-cv-01216-DSC Document 26 Filed 10/03/13 Page 5 of 8

Date by which depositions of defendants’ expert(s) should be completed:

Date by which third party expert’s reports should be filed:

Date by which depositions of third party’s expert(s) should be completed:

10.
If the parties agree that changes should be made to the limitations on discovery
imposed by the Federal Rules of Civil Procedure or Local Rule or that any other
limitations should be imposed on discovery, set forth such changes or limitations:

The parties agree that no changes should be made to the limitations on discovery imposed by the
Federal Rules of Civil Procedure or Local Rule.

11.
Set forth whether the parties have considered the need for special deadlines,
procedures or orders of court dealing with discovery of electronically-stored information
(electronic discovery), including the need for the preservation of discoverable information
and the protection of the right to assert privilege(s) after the production of privileged
information and if so, set forth the results of such consideration:

The parties agree that no special deadlines, procedures or orders of court are necessary at this
time.

12.
Set forth whether the parties have elected to schedule the Post-Discovery Status
Conference following the completion of Fact Discovery or Expert Discovery; in either event
the parties shall be prepared at the Post-Discovery Status Conference to discuss and/or
schedule the following: (The parties are not required during their Rule 26(f) Conference to
consider or propose dates for the items identified below. Those dates will be determined, if
necessary, at the Post-Discovery Status Conference. Lead trial counsel for each party and each
unrepresented party are required to attend the Post-Discovery Status Conference with their
calendars in hand to discuss those items listed below that require scheduling. In addition, a
representative with settlement authority of each party shall be required to attend; representatives
with settlement authority of any insurance company providing any coverage shall be available
throughout the Conference by telephone):

The parties have elected to schedule a Post-Discovery Status Conference following the
completion of fact discovery. Therefore, the parties respectfully request that items b. – h. below
be deferred until the time of the Post-Fact Discovery Status Conference. Once the Court sets a
discovery deadline, the parties request that the Post-Discovery Status Conference be held
following that deadline.


a.

Settlement and/or transfer to an ADR procedure;

b.
Dates for the filing of expert reports and the completion of expert
discovery as itemized in sub-paragraphs 9.f. through 9.k., above, if the
parties elected to defer such discovery until after the Post-Discovery Status
Conference

{01491802}



Case 2:12-cv-01216-DSC Document 26 Filed 10/03/13 Page 6 of 8

Dates by which dispositive motions pursuant to Fed. R. Civ. P. 56,

c.
replies thereto and responses to replies should be filed;

d.

Dates by which parties= pre-trial statements should be filed;

Dates by which in limine and Daubert motions and responses thereto

e.
should be filed;

f.

g.

h.

Dates on which motions in limine and Daubert motions shall be heard;

Dates proposed for final pre-trial conference;

Presumptive and final trial dates.

Set forth any other order(s) that the parties agree should be entered by the court

13.
pursuant to Fed. R. Civ. P. 16(b) or 26(c):

None.

14.
Set forth whether the parties anticipate that the court may have to appoint a special
master to deal with any matter and if so, specify the proposed role of any such master and
any special qualifications that such master may require to perform such role:

The parties do not anticipate the need for appointment of a special master in this action.

15.
If the parties have failed to agree with regard to any subject for which a report is
required as set forth above, except for proposed dates required in paragraph 9, above,
briefly set forth the position of each party with regard to each matter on which agreement
has not been reached:

The parties agree to the subjects reported herein.

16.
action and describe briefly the nature of that consideration:

The parties have considered the possibility of settlement and are continuing to discuss the
possibility of settlement in this matter.


Set forth whether the parties have considered the possibility of settlement of the





{01491802}



Case 2:12-cv-01216-DSC Document 26 Filed 10/03/13 Page 7 of 8

Dated: October 3, 2013







Respectfully submitted,





/s/ Danny P. Cerrone, Jr.
Allen M. Lopus (Pa. I.D. No. 76544)
[email protected]
Danny P. Cerrone, Jr. (Pa. I.D. No. 201091)
[email protected]
Clark Hill Thorp Reed
One Oxford Centre
301 Grant Street, 14th Floor
Pittsburgh, PA 15219
Telephone: (412) 394-7711
Facsimile: (412) 394-2555

Counsel for Plaintiff





/s/ Lawrence S. Elbaum
Gregg M. Mashberg
[email protected]
Lawrence S. Elbaum
[email protected]
Proskauer
Eleven Times Square
New York, NY 10036-
(212) 969-3161

David Berardinelli (Pa. I.D. No. 79204)
[email protected]
DeForest Koscelnik Yokitis
Skinner & Berardinelli
Koppers Building, 30th Floor
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Telephone: 412.227.3135
Facsimile: 412.227.3130

Counsel for Defendant







{01491802}



Case 2:12-cv-01216-DSC Document 26 Filed 10/03/13 Page 8 of 8



CERTIFICATE OF SERVICE

I hereby certify that on October 3, 2013, the foregoing was served upon all counsel of

record via the CM/ECF Electronic filing system of the United States District Court for the

Western District of Pennsylvania.









/s/ Danny P. Cerrone, Jr.





{01491802}