Alcohol Monitoring Systems, Inc. v. Actsoft, Inc. et al

Filing 270

ORDER SETTING CASE FOR TRIAL. Eight-day Jury Trial set for 10/31/2011 at 08:00 AM and continuing through 11/10/11 in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 10/11/2011 at 01:00 PM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 5/13/11. (mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 07-cv-02261-PAB-MJW (consolidated with 08-cv-01226-PAB-MJW)
ALCOHOL MONITORING SYSTEMS, INC.,
Plaintiff,
v.
ACTSOFT, INC.,
OHIO HOUSE MONITORING SYSTEMS, INC., and
US HOME DETENTION SYSTEMS AND EQUIPMENT, INC.,
Defendants.
_____________________________________________________________________
ORDER SETTING CASE FOR TRIAL
_____________________________________________________________________
This matter has been scheduled for an eight-day jury trial on the docket of Judge
Philip A. Brimmer in the U.S. District Courthouse, Courtroom A701, 7th Floor, 901 19th
Street, Denver, Colorado, to commence on October 31, 2011 at 8:00 a.m. and
continuing through November 10, 2011.
A Trial Preparation Conference is set for October 11, 2011 at 1:00 p.m.
Fourteen days before the trial preparation conference, counsel and any pro se
party shall submit proposed jury instructions and verdict forms. The jury instructions
shall identify the source of the instruction and supporting authority, e.g. § 103, Fed. Jury
Practice, O’Malley, Grenig, and Lee (5th ed.). The parties shall submit their instructions
and verdict forms both via CM/ECF and by electronic mail to
[e-mail] in Word Perfect format (Word Perfect 12 or a
later version) or Word format. Verdict forms shall be submitted in a separate file from

jury instructions. Within the jury instruction file, each jury instruction shall begin on a
new page.
Each instruction should be numbered (e.g., “Plaintiff’s Instruction No. 1”) for
purposes of making a record at the jury instruction conference. The parties shall
attempt to stipulate to the jury instructions, particularly “stock” instructions and verdict
forms.
In diversity cases where Colorado law applies, please submit instructions and
verdict forms that conform to CJI-Civ 4th.
Seven days before the trial preparation conference, the parties shall file via
CM/ECF (1) their proposed voir dire questions; (2) their witness lists; and (3) their
exhibit lists. Forms of the witness and exhibit lists are found at
http://www.cod.uscourts.gov/Judges/Judges.aspx. Please add at least ten additional
blank rows at the end of the exhibit list to accommodate any additional exhibits that
may be introduced at trial.
To the extent the deadlines and other provisions of this order conflict with this
Court’s Practice Standards, this order shall control.
The parties shall be prepared to address the following issues at the Trial
Preparation Conference:
1)

jury selection;

2)

sequestration of witnesses;

3)

timing of presentation of witnesses and evidence;

4)

anticipated evidentiary issues;

5)

any stipulations as to fact; and
2

6)

any other issue affecting the duration or course of the trial.

DATED May 13, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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