Ledbetter et al v. Wal-Mart Stores, Inc.

Filing 275

ORDER The proposed jury instructions, proposed verdict forms and related objections submitted by the parties are hereby STRICKEN. 264 Objections filed by Disa Powell, Joel Ledbetter, Heath Powell, 263 Proposed Jury Instructions filed by Wa l-Mart Stores, Inc., 265 Objections filed by Disa Powell, Joel Ledbetter, Heath Powell, 269 Objections filed by General Electric Company, 270 Proposed Jury Instructions filed by General Electric Company, 267 Objections filed by Disa Powell, J oel Ledbetter, Heath Powell, 261 Objections filed by Wal-Mart Stores, Inc., 262 Proposed Jury Instructions filed by Disa Powell, Joel Ledbetter, Heath Powell, 260 Proposed Jury Instructions filed by Disa Powell, Joel Ledbetter, Heath Powell, 268 Proposed Jury Instructions filed by Disa Powell, Joel Ledbetter, Heath Powell by Chief Judge Wiley Y. Daniel on 11/30/09. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 06-cv-01958-WYD-MJW JOEL LEDBETTER; HEATH POWELL; and DISA POWELL, as spouse to Heath Powell, Plaintiffs, v. WAL-MART STORES, INC.. GENERAL ELECTRIC COMPANY, EATON CORPORATION, d/b/a Cutler-Hammer, EATON CORPORATION, d/b/a Eaton Electrical Services & Systems, EATON CORPORATION, d/b/a Eaton Electrical Inc., EATON ELECTRICAL, INC., and JOHN DOES 3-5 and 18-15, whose true names are unknown, Defendants. ORDER THIS MATTER comes before the Court upon review of the file. The proposed jury instructions, proposed verdict forms and related objections submitted by the parties are hereby STRICKEN. Of the submitted proposed jury instructions, only seven were agreed upon, and those seven were general and nonsubstantive in nature. Further, the parties collectively submitted over one hundred disputed instructions and numerous disputed verdict forms. This is unacceptable. Accordingly, the Court orders further support and assistance from the parties with respect to drafting both jury instructions and a simplified verdict form.

The parties are ordered to meet and confer and reach maximum agreement regarding the general instructions, the substantive instructions, and the verdict form. In general, the Court does not look favorably when the pattern jury instructions are modified by case law unless there is some compelling reason. The Court anticipates that the vast majority of general, non-elemental pattern instructions should be stipulated to. Additionally, the Court prefers to give the jury a simplified verdict form. To ensure the parties have sufficient time to meet, confer and reach maximum agreement, the proposed jury instructions, proposed verdict form and related submissions shall be filed not later than Wednesday, December 9, 2009. Failure of any party to comply with this Order will result in the imposition of appropriate sanctions. Dated: November 30, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge