The 11th Case Management Conference addressed the trial process and timetable for a complex action involving historic evidence.
The parties agreed to a bifurcated trial but disagreed on the degree of bifurcation.
The plaintiff proposed a four-phase structure (two liability, two remedies/crossclaims), while the defendants proposed a two-phase structure (all liability in Phase 1, all remedies/crossclaims in Phase 2).
The court adopted the two-phase structure, finding it more efficient and less prone to inconsistencies, while reserving the right for parties to seek further refinement at the pre-trial stage.
A detailed timetable for pleadings, discovery, and documentary production was also established to keep the action on track for a 2022 trial.
