Hale v. Empire Express Inc et al

Filing 144

ORDER: Joint status report 143 noted and appreciated. This case is first-out for trial on 10/1/2018. The request for more trial days is denied. Counsel should submit proposed areas of questioning or draft questions to chambers regarding voir dire by 8/31/2018. Trial will begin at 9:30 a.m. on 10/1/2018. One-hour pretrial to occur on 9/13/2018 at 1:30 p.m. in Jonesboro. Signed by Judge D. P. Marshall Jr. on 7/30/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
SHERRAN K. HALE, Individually and
as Administrator and Personal Representative
of the Estate of Robert W. Hale, deceased
v.

PLAINTIFF

No. 3:16-cv-120-DPM

EMPIRE EXPRESS, INC. and J. ANTHONY
BRADLEY, Administrator and Personal
Representative of the Estate of
Iketha D. Winchester, deceased

DEFENDANTS

ORDER
1. Joint status report, NQ 143, noted and appreciated. This case is

first-out for trial on 1 October 2018. The parties have indicated they
need more trial days. The request is denied. Counsel know their case
intimately, but they've also educated the Court about it through the
extensive motion practice. If we all proceed efficiently-with a steady
focus on the key facts - this case can be well tried in approximately
seven days. For example, please handle the many experts with a tight
rein. The Court is confident that the experienced and able lawyers on
this docket can accomplish this schedule. The Court allocates Plaintiff
twenty hours for direct and cross examination of all witnesses,
including any rebuttal, and for all argument. Defendants are likewise
entitled to twenty hours for all these things.

2. Here's the trial architecture. The Court will handle most of the

voir dire.

Please submit proposed areas of questioning or draft

questions to chambers by 31 August 2018. Twenty-minute openings.
We'll start the proof Tuesday morning. The Court also requests a daily
five-minute mini-opening from each side: Sketch the ground you will
cover with each witness that day. Inform opposing counsel by noon
each day who will be called on the following day. Each side will have
one hour for a comprehensive closing argument. We'll start at 9:30 a.m.
on Monday, October 1st, and 8:30 a.m. thereafter, unless the Court
orders otherwise. We'll keep the jury on an approximately six-hour
school-day schedule, barring some extraordinary circumstance.
3. To keep things moving at trial, the Court directs counsel (or

their representatives) to meet in person, review all proposed exhibits,
and agree on as many as possible, on a mutually convenient date before
September 7th. The parties should also work toward completing a
comprehensive stipulation covering all undisputed background facts
by that date. The Court will hold a one-hour pretrial on Thursday, 13
September 2018 at 1:30 p.m. in Jonesboro. Be prepared to inform the
Court about the stipulation and agreed exhibits at the pretrial. We'll
handle any disputed documents then, if practicable.

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So Ordered.
v

D.P. Marshall Jr.
United States District Judge
Jo

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M

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