FDIC v. St. Paul Companies, et al

Filing 126

Trial Procedures ORDER: Final Pretrial Conference/Trial Preparation Conference for 6/23/2009 at 09:30 AM before Magistrate Judge Michael E. Hegarty. Proposed Final Pretrial Order due on or before 06/16/09. Bench Trial set for 7/8/2009 at 09:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 04/09/09. (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Michael E. Hegarty Civil Action No. 03-cv-00115-MEH-BNB FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for BESTBANK, BOULDER, COLORADO, Plaintiff, v. ST. PAUL COMPANIES, and ST. PAUL FIRE AND MARINE INSURANCE COMPANY, as successors in interest to UNITED STATES FIDELITY & GUARANTY COMPANY, Defendants. TRIAL PROCEDURES ORDER ______________________________________________________________________________ The following procedures and orders supplement the Federal Rules of Civil Procedure and the local rules of this court. In order to fairly and efficiently try the merits of each case, the following ORDERS apply. I. Final Trial Preparation Conference with Trial Magistrate Judge

The Trial Preparation Conference will be held on Tuesday, June 23, 2009, at 9:30 a.m. This conference is held in combination with the Final Pretrial Conference. The parties shall submit the proposed Final Pretrial Order on or before June 16, 2009. The matters due on or before the date of the Final Pretrial Conference/ Trial Preparation Conference are as follows: 1. Exhibits: The parties are to meet and confer to establish a single exhibit list utilizing numbers. The exhibit list shall be electronically filed under the Court's Electronic Filing Procedures and a copy e-mailed as an attachment in WordPerfect or Word format to me1 at [e-mail] three business days before the final trial preparation conference. Stipulations as to authenticity and admissibility shall be set forth on the exhibit list.

See the Court's Electronic Case Filing Procedures, Civil Case, Version 2.0, §§V. I and V.L., which may be accessed on the Court's website.

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Objections to Exhibits: Each party shall electronically file objections to exhibits under the Court's Electronic Filing Procedures and a copy e-mailed as an attachment in Word or WordPerfect format to me at [e-mail] three business days before the final trial preparation conference. The objections shall state in a clear and concise fashion the evidentiary grounds for the objection and the legal authority supporting such objection. Two copies of the objections are to be provided at the final trial preparation conference. Witness Lists: At the final trial preparation conference, counsel shall provide their final witness lists (and two copies) with an estimate of each witness' direct examination testimony time. Each witness designated shall be counsel's representation, upon which opposing counsel can rely, that the witness will be present and available for testimony at trial. Of course, either party is not required to call a particular witness; listing the witness only assures their availability. Deposition testimony. In the event deposition testimony will be used, opposing counsel must be given notice of each page and line intended to be used ten business days prior to the final trial preparation conference. Opposing counsel may then cross-designate testimony. The parties will meet and confer regarding the method of designating testimony so that it can be efficiently presented at trial. Any objections to the testimony must be marked on a copy of the transcript and provided to the court three business days before the final trial preparation conference. Objections to deposition testimony will be ruled on prior to trial. Motions in limine: Motions in limine are to be electronically filed under the Court's Electronic Filing Procedures and a copy e-mailed as an attachment in WordPerfect or Word format to me at [e-mail] no later than twenty calendar days before the final trial preparation conference. Responses to motions in limine shall be so filed and e-mailed five business days before the final trial preparation conference. Trial Briefs: Trial briefs shall be filed at or before the final trial preparation conference. Trial briefs are limited to 15 pages. Parties are free to include evidentiary issues as well as the substantive law governing the case.

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Prior to Trial 1. Use of courtroom technology: Thirty days before trial, counsel shall notify my courtroom deputy, Cathy Coomes, of any need for special accommodation for any attorney, party or witness, any need for technological equipment, such as videoconferencing, or equipment needed for the presentation of evidence using CDROM or other electronic presentation of evidence.

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First Day of Trial 1. 2. 3. Provide three copies of witness lists to the courtroom deputy and one to opposing counsel. Provide three copies of the exhibit list to the courtroom deputy. Original exhibits, properly marked and tabbed, each exhibit numbered sequentially, each page within an exhibit numbered sequentially, filed in one or more notebooks shall be given to the courtroom deputy and to the Court. Submit an original list of any stipulated facts and two copies.

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General Information 1. My courtroom deputy's name is Cathy Coomes, who can be reached at (303) 3352089. Any questions concerning exhibits or courtroom equipment may be directed to her. The proceedings will be digitally recorded. Any request for transcripts should be directed to the courtroom deputy. Extraordinary requests, such as for daily copy, should be made at least 30 days in advance of the trial date. My law clerks are Kristina James and Nicole Salamander and can be reached at [phone]. Trial is set for three (3) days, tried to the Bench only, beginning on Wednesday, July 8, 2009, at 9:00 a.m. in Courtroom C203 on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. The Final Pretrial Conference/ Trial Preparation Conference is set for June 23, 2009, at 9:30 a.m. in Courtroom C203 on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado.

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Dated at Denver, Colorado, this 9th day of April, 2009. BY THE COURT: s/ Michael E. Hegarty Michael E. Hegarty United States Magistrate Judge

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