March 06, 2019 court of first instance - Orders
Claim No: CA-006-2017
IN THE DUBAI INTERNATIONAL FINANCIAL CENTER COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE JUSTICE SIR RICHARD FIELD
BETWEEN
CURTIS, MALLET-PREVOST, COLT & MOSLE LLP
And
THERON ENTERTAINMENT LLC
And
MAG FINANCIAL SERVICES LLC
Interpleader
CASE MANAGEMENT ORDER OF JUSTICE SIR RICHARD FIELD
UPON reviewing the Court file
AND UPON reading the Case Management Bundle
AND UPON reviewing the Rules of the DIFC Courts (“RDC”)
AND UPON hearing Counsel for the Claimant and the Defendant at the Case Management Conference held before Justice Sir Richard Field on 18 February 2019
IT IS HEREBY ORDERED THAT:
Miscellaneous
1.Pursuant to RDC 51.19(1), Curtis, Mallet-Prevost, Colt & Mosle LLP is the Claimant and Theron Entertainment LLC is the Defendant.
2. Pursuant to RDC 35.42, Angelina Krayushkina is given permission to represent the Defendant in these proceedings.
Agreed List of Issues
3. Adjacent to each paragraph of each witness statement, reply witness statement (if any) and skeleton argument shall be inserted the issue or issues to which that paragraph relates as numbered in the Agreed List of Issues, in order for the Court to understand to which of the agreed issues that paragraph relates.
Production of Documents (RDC Part 28)
4. Standard production of documents including searchable electronic documents shall be made by each party by no later than 4pm on 11 March 2019.
5. The parties shall file and serve a Request to Produce specific documents not otherwise produced, if any, by no later than 4pm on 25 March 2019.
6. Objections to Requests to Produce, if any, shall be filed and served within 2 days thereafter and in any event by no later than 4pm on 27 March 2019.
7. Where objections to any Requests to Produce have been made, the Court shall determine those objections and shall make any disclosure order by no later than 1 April 2019.
8. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced by no later than 4pm on 2 April 2019.
9. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement by no later than 4pm on 4 April 2019.
Witness Statements (RDC Part 29)
10. Signed statements of witnesses of fact, and hearsay notices where required by the RDC shall be exchanged following the close of the disclosure stage, and in any event by no later than 4pm on 11 April 2019.
11. Any Witness Statement evidence in reply shall be filed and served within 3 weeks thereafter and in any event by no later than 4pm on 2 May 2019.
12. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Reports (RDC Part 31)
13. The Defendant is not given permission to file and serve any expert evidence.
Progress Monitoring Date (RDC Part 26)
14. The parties shall each file and serve a Progress Monitoring Information Sheet by no later than 4pm on 6 May 2019.
Trial Bundles (RDC Part 35)
15. The Claimant shall provide to the Defendant a draft Trial Bundle Index by no later than 4pm on 16 May 2019.
16. The Defendant shall provide its comments on the draft Trial Bundle Index to the Claimant by no later than 4pm on 22 May 2019.
Pre-Trial Review (RDC Part 26)
17. A pre-trial review shall be listed at [10am] on [23 May 2019], being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
18. Agreed trial bundles shall be provided to the Defendant by no later than 4pm on 6 June 2019.
Reading list and Trial Timetable (RDC Part 35)
19. An agreed reading list for trail along with an estimate of time require for reading an an estimated timetable for trial shall be filed with the Court by the Claimant no later than five clear days before trial.
Skeleton Argument and Chronology (RDC Part 35)
10. Skeleton argument shall be no longer than 25 pages without permission from the Court.
21. Skeleton Arguments shall be filed and served no later than 4pm five clear days before the start of trial for the Claimant and by no later than 4pm two clear days before the start of trail for the Defendant.
22. The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements which shall be filed with the Court by the Claimant by 4pm five clear days before trial. In the event that there are areas of disagreement, the Chronology shall include an agreed Chronology and a Chronology of events which are disputed, with the parties’ respective positions outlined therein.
23. A composite authorities bundle shall be filed and served by no later than 4pm on the business day following service of the Defendant’s skeleton and in any event no later than 4pm one clear day from Trial.
Trial (RDC Part 35)
24. The trial of this matter shall be listed within the normal range of 4 – 8 weeks following the Pre-Trial Review with an estimated duration of half a day with a further half day reserved.
25. The Defendant has permission to use a translator during the trial with such translation to be simultaneous and not consecutive.
26. Costs of the Case Management Conference shall be costs in the case.
27. The parties shall have liberty to apply.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of Issue: 6 March 2019
At: 12pm
