Bass v. PJCOMN Acquisition Corp. et al
Filing
221
THIRD TRIAL PREPARATION CONFERENCE ORDER: Trial Preparation Conference set for 3/16/2012 at 02:00 PM in Courtroom A1001 before Judge Robert E. Blackburn.Nine (9) day Jury Trial set for 4/2/2012 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 7/7/11. (rebsec, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No 09-cv-01614-REB-MEH
SHANE BASS, individually and on behalf of other similarly situated persons,
Plaintiff,
vs.
PJCOMN ACQUISITION CORP.,
PJCOMN LLC, and
ESSENTIAL PIZZA, INC., d/b/a “PJCOMN,”
Defendants.
THIRD TRIAL PREPARATION CONFERENCE ORDER
Blackburn, J.
Pursuant to D.C.COLO.LCivR 43.1, and REB Civ. Practice Standard IV.A.1., the
court enters this Third Trial Preparation Conference Order.
IT IS ORDERED as follows:
1. That trial by jury shall commence April 2, 2012, at 8:30 a.m., in courtroom
A1001, located on the 10th Floor North, of the Alfred A. Arraj, United States Courthouse
Annex,901 19th Street, Denver, Colorado 80294, at which all parties shall appear in
person without further notice, order, or subpoena;
2. That the court reserves nine (9) days for trial:
•
Monday, April 2, 2012, through Thursday, April 5, 2012;
•
Monday, April 9, 2012, through Thursday, April 12, 2012; and
•
Monday, April 16, 2012;
3. That counsel and any pro se party shall appear in courtroom A1001 on the first
day of trial at 8:00 a.m., to review the Trial Checklist with the courtroom deputy clerk;
4. That the Trial Preparation Conference required by REB Civ. Practice
Standard IV.A.1., shall commence on March 16, 2012, at 2:00 p.m., in courtroom A1001,
the court reserving one (1) hour for this hearing;
5. That lead counsel and any pro se party shall attend the Trial Preparation
Conference;
6. That at the outset of the Trial Preparation Conference, the parties shall submit
one Parties’ Joint Exhibit List on the form required by the court (an original for the court
with copies for the courtroom deputy clerk, the court reporter, and all other parties) and
each party shall submit on the Witness List form required by the court (an original for the
court with copies for the courtroom deputy clerk and all other parties) a “will call” witness
list enumerating the name and address (city or county and state only) of each witness that
will be called and a “may call” witness list enumerating the name and address (city or
county and state only) of each witness that may be called; provided, furthermore, that the
“will call” witness list constitutes a representation on which the court and every other party
may rely that the witnesses listed will be present and available to testify during trial;
7. That before commencement of jury selection, the parties shall submit to the
courtroom deputy clerk the exhibits identified in their joint exhibit list (a set of original
exhibits for use by the witnesses and copies for the court and all other parties);
8. That at the Trial Preparation Conference the parties shall be prepared to review
and discuss, inter alia, the following:
a. stipulated and proposed jury instructions and verdict forms;
b. voir dire questions;
c. the jury selection process and the use of juror questionnaires;
d. identification of all persons permitted to be seated at each party’s table;
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e. the pronunciation of problematic party’s and witness’ names;
f. the names or monikers that may be used when referring to a party or a
witness;
g. identification of “will call” and “may call” witnesses;
h. use of deposition testimony:
1. designation of specific testimony by page and line; and
2. identification of the person selected to read deposition answers;
i. use of video depositions:
1. resolution of objections;
2. pretrial redaction, if necessary; and
3. arrangements for necessary equipment to broadcast the
deposition;
j. the allocation of trial time between the parties;
k. the admission of stipulated exhibits or exhibits about which there are no
objections;
l. timing of publication, if any, of trial exhibits to the jury;
m. anticipated evidentiary issues;
n. the necessity for cautionary or limiting instructions;
o. requests or requirement for trial briefs; and
p. exemptions from the order of sequestration of witnesses;
9. That each side shall be permitted voir dire examination not to exceed 15
minutes following voir dire examination by the court, but shall not reiterate questions
previously propounded by the court or another party;
10. That pending further court order, the jurors shall not be sequestered before
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deliberations;
11. That trial witnesses subject to sequestration under F.R.E. 615 shall be
sequestered by order entered sua sponte immediately before opening statements;
12. That opening statements shall be limited to thirty (30) minutes per party;
13. That the court will not engage in the examination of any witness, except to
eschew plain error;
14. That pursuant to REB Civ. Practice Standard III.D.4.b., each party shall have
available at trial a set of exhibits for the court, the courtroom deputy clerk, opposing
counsel (one set per party), and any pro se party;
15. That objections made in the presence or hearing of the jury, i.e., so-called
“speaking” objections, shall be stated as succinctly as practicable and supported by
recitation of apposite authority when possible; however, neither counsel nor a pro se
party shall speechify an objection in the presence or hearing of the jury [Review
Fed.R.Evid. 103(c) and 104(c)];
16. That unless interrupted by the court, in marshaling motions or objections during
trial, the following sequential protocol shall be observed: objection, response, reply, ruling;
17. That to eliminate or minimize bench or sidebar conferences, each party shall
be responsible to inform the courtroom deputy clerk at the conclusion of a trial day about
any issue which should be considered before commencing trial on the next scheduled day
of trial and at the outset of a trial day about any issue which should be considered at the
conclusion of that trial day;
18. That to facilitate preparation, marshaling, and consideration of proposed jury
instructions and verdict forms consistent with REB Civ. Practice Standard IV.E.4., the
plaintiff shall identify and enumerate each individual jury instruction in the heading or title
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as INSTRUCTION NO. P-1, P-2, P-3, etc., and the defendant shall identify and
enumerate each individual jury instruction in the heading or title as INSTRUCTION NO. D1, D-2, D-3, etc. [Note: for multiple defendants, each defendant shall identify and
enumerate each individual jury instruction in the heading or title as INSTRUCTION
NO.[insert defendant’s name or abbreviated name]-1,[insert defendant’s name or
abbreviated name]-2,[insert defendant’s name or abbreviated name]-3, etc.]; provided,
furthermore, the parties shall similarly identify and enumerate all proposed verdict forms
and special interrogatories;
19. That closing argument shall be limited to forty-five (45) minutes total for each
party; and
20. That pursuant to REB Civ. Practice Standard IV.A.2.b., the Final Pretrial Order
as modified or supplemented by this Trial Preparation Conference Order and any order
entered during the trial preparation conference shall control the subsequent course of this
action and the trial, and may not be amended except by consent of the parties and
approval of the court or by order of the court to prevent manifest injustice.
Dated July 7, 2011, at Denver, Colorado.
BY THE COURT:
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