Hails v. Dennis et al

Filing 138

Order on Final Pretrial Conference. Jury Selection set for 3/3/2020 at 08:45 AM in US Courthouse, Courtroom 4B, 155 St. Joseph Street, Mobile, AL 36602. Jury Trial set from March 16-19, 2020. Trial shall commence daily at 08:30 AM in US Courthouse , Courtroom 4B, 155 St. Joseph Street, Mobile, AL 36602 before Chief Judge Kristi K. DuBose. Attorneys should prepare to be present daily at 8:00 a.m. to address any issues before trial begins. Defendant's 131 MOTION to Strike as to witne sses is CARRIED TO TRIAL. Defendant's 137 MOTION to Strike as to Plaintiff's claim for compensatory damages is GRANTED as to lost wages; it is DENIED as to physical suffering, emotional suffering, mental suffering, and reputational harm. See all other information and deadlines set out in order. Signed by Chief Judge Kristi K. DuBose on 12/19/2019. (nah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DANIEL WADE HAILS,
Plaintiff,
v.
TIMOTHY TRENT DENNIS, et al.,
Defendants.

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CIVIL ACTION: 1:17-00259-KD-N

ORDER
This matter came before the Court for Final Pretrial Conference on December 18, 2019, in
the chambers of the undersigned District Judge. Present at the conference were Henry H. Brewster,
and Henry F. Sherrod, III1 counsel for Plaintiff; and Andrew John Rutens, Melissa P. Hunter, and
Moshae Donald, counsel for Defendant.
As a result of the conference, the Court hereby establishes the following deadlines and
rules that shall govern all trial preparations and proceedings in this action. None of the deadlines
or dates herein shall be modified except by explicit written order of the Court.
1.

Jury Selection. Jury selection will be conducted on March 3, 2020 at 8:45 a.m.,

in Courtroom 4B of the United States District Court, 155 Saint Joseph Street, Mobile, Alabama,
36602. A jury of eight (8) jurors will be selected; there will be no alternates.
2.

Trial. This action is set for jury trial from March 16-19, 2020. Trial shall

commence daily at 8:30 a.m. in Courtroom 4B of the United States District Court. Attorneys
should prepare to be present daily at 8:00 a.m. to address any issues before trial begins.
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Henry F. Sherrod, III attended telephonically.

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3.

Voir Dire & Objections. Counsel for the parties shall submit their revised Voir

Dire with the joint Proposed Pretrial Document. As discussed at the final pretrial conference,
Plaintiff’s proposed questions #5, 11, 13 are DENIED. Defendant’s proposed questions #16, 18,
19 are DENIED. It is further ordered that Plaintiff shall file an amended proposed question #13
on or before February 3, 2020.
4.

Witness & Exhibit Lists. Counsel for the parties submitted their witness lists and

exhibit lists and any objections thereto with the joint Proposed Pretrial Document. (Doc. 136 at
12-14; Doc. 136-3; Doc. 136-4; Doc. 136-5; Doc. 136-6).
5.

Pre-marking of Exhibits; Trial Exhibit Lists. Each party shall provide the Clerk

of the Court with a properly formatted exhibit list no later than February 3, 2020.
6.

Bench Book. On or before February 3, 2020, counsel for each party shall provide

the Court with a bench book (a three-ring binder is sufficient) containing a copy of each exhibit
that counsel anticipates offering at trial. The parties shall allow all opposing parties to review the
bench book before delivery to the Court. Counsel are reminded that the bench book is for the
Court's convenience in reviewing the exhibits and does not admit the exhibit as evidence.
7.

Deposition Testimony. None.

8.

Motions in Limine. The parties are limited to a total of five (5) motions in limine

per side (Plaintiffs and Defendants) with no sub-parts permitted, and not to exceed five (5) pages
per motion, which shall address separate and distinct issues. Motions are due by February 3, 2020.
Responses shall be filed by February 10, 2020, and shall likewise not exceed five (5) pages in
length.
9.

Joint Jury Instructions & Verdict Forms. Joint Jury Instructions & Verdict

Forms. Counsel for the parties shall file Joint Final Jury Instructions and Joint Verdict Forms
(including any requested special interrogatories) on or before February 3, 2020.
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The proposed final jury charges shall cover substantive issues in the case (i.e., the law
governing all claims, defenses, and damages). The parties need not include general introductory
or concluding charges. However, any anticipated special charges must be included in the
submission. With respect to any charges on which the parties are unable to agree, the parties
may submit those charges separately. Each requested charge, whether jointly or separately
proposed, should be placed on a separate page. Authority shall be cited for each charge. To the
extent the parties cannot agree on a jury charge, they shall separately number and designate said
charge and also submit it as a separate filing as a “Disputed Charge” by February 3, 2020.
If the parties wish to submit special interrogatories to the jury, jointly prepared proposed
verdict forms must be filed contemporaneously with the joint proposed final jury instructions. If
the parties cannot agree on the need for or form of the special verdict forms, the parties may file
separate proposed jury interrogatories designated accordingly, and may submit it as a separate
filing as a “Disputed Verdict Form” by February 3, 2020.
10.

Pending Motions.

Defendant’s motion to strike as to witnesses is CARRIED TO TRIAL. (Doc. 131).
Defendant’s motion to strike as to Plaintiff’s claim for compensatory damages is GRANTED as
to lost wages; it is DENIED as to physical suffering, emotional suffering, mental suffering, and
reputational harm. (Doc. 137).
11.

Other. Any questions regarding courtroom procedures and/or use of courtroom

technology during trial may be directed to Courtroom Deputy Tina Wood (251-436-5276).
DONE and ORDERED this the 19th day of December 2019.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
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UNITED STATES DISTRICT JUDGE

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