Ogborn v. MHW Global, Inc.

Filing 146

ORDER SETTING CASE FOR TRIAL. Five-day Jury Trial set for 10/22/2012 at 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 10/5/2012 at 10:00 AM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 4/25/12. (mnfsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 10-cv-01492-PAB-MJW ROY W. OGBORN, Plaintiff, v. MWH GLOBAL INC., a Delaware Corporation, 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 22, 2012 at 8:00 a.m. A Trial Preparation Conference is set for October 5, 2012 at 10:00 a.m. Counsel who will try the case shall attend in person. In the absence of a previously-imposed deadline, all motions to exclude expert testimony must be filed sixty days before the trial preparation conference. 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 brimmer_chambers@cod.uscourts.gov 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; 2 5) any stipulations as to fact; and 6) any other issue affecting the duration or course of the trial. DATED April 25, 2012. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 3

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