Wingerter et al v. Gerber

Filing 111

ORDER: Five-Day Jury Trial set for 10/3/2011 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 9/16/2011 at 01:30 PM in Courtroom A 701 before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 10/20/10. (ebs, )

Wingerter et al v. Gerber

Doc. 111

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Case No. 09-cv-02000-PAB-MEH DONALD B. WINGERTER, JR., an individual, and GREENHORN RANCH LLC, a Colorado limited liability company, Plaintiffs, v. ALLISON H. GERBER, Defendant, v. BODYSELECT LLC, a Colorado limited liability company, Third-Party Defendant. _____________________________________________________________________ ORDER SETTING CASE FOR TRIAL _____________________________________________________________________ This matter has been scheduled for a five-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 3, 2011 at 8:00 a.m. A Trial Preparation Conference is set for September 16, 2011 at 1:30 p.m. 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

Dockets.Justia.com

[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) 2) jury selection; sequestration of witnesses;

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3) 4) 5) 6)

timing of presentation of witnesses and evidence; anticipated evidentiary issues; any stipulations as to fact; and any other issue affecting the duration or course of the trial.

DATED October 20, 2010. BY THE COURT:

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

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