Marsh v. Persons et al

Filing 114

ORDER Setting Case for Trial, 3 day Jury Trial set for 3/7/2011 at 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 2/18/2011 at 01:30 PM before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 7/28/10. (lyg, )

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-MJW Marsh v. Martinez Doc. 114 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Case No. 09-cv-00487-PAB-MJW ELMER MARSH, Plaintiff, v. JOHN DOE, in his Individual and Official Capacities, as a Colorado Department of Corrections Transportation Sergeant, JOHN DOE, in his Individual and Official Capacities, as a Colorado Department of Corrections Officer, and RENEE MARTINEZ, Health Services Administrator, in her Individual Capacity, Defendants. _____________________________________________________________________ ORDER SETTING CASE FOR TRIAL _____________________________________________________________________ This matter has been scheduled for a three-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 March 7, 2011 at 8:00 a.m. A Trial Preparation Conference is set for February 18, 2011 at 1:30 p.m. Lead counsel who will try the case shall attend in person. 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 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 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) 2) 3) 4) jury selection; sequestration of witnesses; timing of presentation of witnesses and evidence; anticipated evidentiary issues; 2 5) 6) any stipulations as to fact; and any other issue affecting the duration or course of the trial. DATED July 28, 2010. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 3

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