Free Scheduling Order - District Court of Connecticut - Connecticut

Case 3:03-cv—00998-JGM Document 67 Filed 11/16/2006I Page 1 6f;4:.Aa_--.
IN THE UNITED STATES DISTRICT COURT I n
Fos THE orsrarcr or= corvrvscrréor ° ’ ii i`
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SANTIAGO E. CARTAGENA 3:03 CV 998 (JGM)
v.
THAMES VALLEY WATER BOTTLING CO. DATE: NOVEMBER 15, 2006
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SECOND AMENDED PRETRIAL ORDER ·
Defendant's Motion for Extension of Time, filed November 13, 2006 (Dkt. #66) is
l granted in part as follows:
1. Trial will commence with jury selection on Februag 5, 2007 in Courtroom 3 and
the presentation of evidence will commence the same day in Courtroom 5. Counsel estimate
that the trial will require approximately four days. Accordingly, the Court has set aside
February 5, 2007 through Februagy 8, 2007 for trial.
2. By December 29, 2006, the parties shall file a Joint Pretrial Memorandum which
shall include the following:
(a) Stigulations of Fact: Any stipulations of fact shall be set forth in the Joint Pretrial
Memorandum. The stipulations shall be worded in precisely the manner in which they may
be read to the jury.
(b) Witnesses: Each party shall list the witnesses he or it intends to call at trial. A
brief summary of the witness's anticipated testimony and the estimated length of such
testimony shall be included. The plaintiffs witnesses and the defendant’s witnesses shall be
listed separately. For any expert witness, each party shall set forth the opinion to be
expressed, a brief summary of the basis of the opinion and a list of the materials on which
the witness intends to rely. lf a party objects to all or any part of the anticipated testimony
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of any witness, lay or expert, the objection and the grounds therefor must be filed by no later
than January 10, 2007 so that the objection can be addressed prior to trial. A response to
any objection shall be filed by January 17, 2007. Except for rebuttal and impeachment,
witnesses not listed will not be allowed to testify at trial without good cause shown.
(c) : Each party shall list the exhibits he or it intends to offer at trial. The
plaintiff’s exhibits and the defendant’s exhibits shall be listed separately. A brief description
of the exhibit shall be included. The list shall indicate whether the parties agree that the
exhibit may be admitted as evidence. If there is an objection to an exhibit, the proponent of
the exhibit must set forth the basis for admissibility of the exhibit and the opponent must set
forth the basis of the objection. Except for rebuttal and impeachment, exhibits not listed will
not be admissible at trial without good cause shown.
On or before January 22, 2007, the parties shall premark exhibits using exhibit
stickers provided by the courtroom deputy. A separate list of all the exhibits, showing the
exhibit number or letter and a brief description of the exhibit shall be provided to the
courtroom deputy at that time. Counsel shall retain the original set of exhibits and introduce
them during the course of the trial. Two courtesy copies of the exhibit list shall be provided
to the Court.
Plaintiffs exhibits shall be marked numerically beginning with the number 1, and
defendant’s exhibits shall be marked alphabetically beginning with the letter A. Each party
shall prepare an original set of exhibits, two duplicate copies for the Court and a duplicate
copy for every other party. All duplicate copies shall clearly show the exhibit number.
(d) Depositions, interrogatories and Prior Testimony: Each party shall list separately
any interrogatories or depositions he or it intends to offer at trial for purposes other than
impeachment or cross-examination. Appropriate page references for the portion the party
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proposes to read into evidence must be included. In addition, any part of a deposition to be
introduced under FED. R. Civ. P. 32(a)(4) shall be noted. If there is an objection to the
introduction of the deposition or interrogatory, the party intending to offer the deposition or
interrogatory must set forth the basis of its admissibility and the opponent must set forth the
basis of the objection.
lf any party intends to offer any prior testimony at trial for purposes other than
impeachment or cross examination, the party shall produce a copy of the testimony to
opposing counsel and briefly summarize the testimony in the Joint Pretrial Memorandum.
If there is an objection to the introduction of the testimony, the party intending to offer the
testimony must set forth the basis of its admissibility and the opponent must set forth the
basis of the objection.
(e) Jug Instructions: The parties shall include in their Joint Pretrial Memorandum
agreed—upon jury instructions. The proposed instructions should encompass all applicable
rules of law. Citations to rules and authority should be provided in footnotes. If the parties
cannot agree on a particular instruction, each party shall set forth his or its own proposed
instruction in the joint filing, noting which party has proposed the instruction. Counsel shall
submit to Chambers a courtesy copy of the proposed jury instructions on a disc compatible
with WordPerfect 11.0, if possible.
(f) Voir Dire Questions: The parties shall submit their proposed voir dire questions
in the Joint Pretrial Memorandum. If any party objects to any of his or its opponent's
proposed voir dire questions, the question, the objection and the basis of the objection
should be stated. The parties shall include with their proposed voir dire questions a brief
statement of the case to be read by the Court to thejury panel before voir dire. Counsel shall
submit to Chambers a courtesy copy of the proposed voir dire questions and brief statement
on a disc compatible with WordPerfect 11.0, if possible.
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(g) Anticipated Evidentiary Problems: On or before December 15, 2006, the parties
shall file motions in Iimine and supporting memoranda of law concerning any anticipated
evidentiary problems. Responsive memoranda shall be filed by December 29, 2006. Reply
briefs may be filed on or before January 5, 2007.
(h) Special Verdict Form or interrogatories: if any party requests a special verdict
form or interrogatories to the jury, the request shall be set forth in the Joint Pretrial
Memorandum. Counsel shall submit to Chambers a courtesy copy of the proposed special
verdict form or interrogatories on a disc compatible with WordPerfect 11.0, if possible.
(i) Further Proceedings: Specify, with reasons, the necessity for any further pretrial
proceedings.
(j) List the names, addresses and phone numbers of the attorneys who will actually
try the case.
3. A final pretrial conference (which may be held telephonically) will be held in
January 2007.
4. The dates set forth in this order shall not be changed except by further order of
the Court pursuant to a written motion demonstrating good cause filed not later than five days
before the date in question.
5. A courtesy copy of the Joint Pretrial Memorandum shall be submitted to Chambers
on the day that it is filed.
SO ORDERED this 15th day of November, 2006, at New Haven, Connecticut.
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U 'te States Magistrate Judge
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