FURTHER NOTICE: The district court or the United States District Court for the Southern District of Florida may stay proceedings if it finds that a material adverse ruling is necessary “to prevent a serious prejudice.” 28 U.S.C. §1291(b). This order does not constitute a stay for purposes of Local Rule LR 26.1(d). A stay in this court is not required at this stage. C, D. COURT DECISION AND RULES OF LIMITATION The following sections of this order set forth the United States' position on matters for which the Court has jurisdiction under Federal Rule of Civil Procedure 26, and which may be resolved by stipulated stipulation. Any decision of the Court or entry of such order by it shall not constitute either party's consent to be bound by the other party's decision. These rules are the law of the court, and the rights and obligations of the parties are determined by them. There are special rules which apply to this case at this stage, which shall be governed here by these rules. THE COURT'S RULES OF LIMITATION Under Rule 26, a court may not issue an award of punitive damages. A party may not seek to enforce the federal antitrust laws by bringing a civil action pursuant to 28 U.S.C. §§2254(a) and 2256, or state laws alleging violations of §2.56 of the Sherman Act. For its part, it is the government's position that certain claims against the United States may not be brought except pursuant to the authority given the executive branch by 42 U.S.C. §§. If the court determines that such claims have not been brought as authorized, then the court must state specifically that those claims have not been brought pursuant to the foregoing authority. Under Rule 26, it is the government's position that because the court has no authority to award any punitive damages whatsoever, its order may not contain an award of punitive damages at all and, accordingly, Rule 26(n) prohibits any award of punitive damages. It is the government's position that the court has neither authority nor responsibility to award punitive damages, and it accordingly does not find in this particular case any basis for an award of punitive damages, as set forth above.
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INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS PLEASE TAKE NOTICE: All parties must thoroughly review the provisions of this order, which shall govern all proceedings in this action, unless subsequently
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