Alcohol Monitoring Systems, Inc. v. BI Incorporated
Filing
158
ORDER Setting Trial Dates and Deadlines. Jury Trial set for 4/21/2014 08:30 AM in Courtroom C202 before Judge David M. Ebel. The Final Trial Preparation Conference is set for a one hour hearing on April 15, 2014, at 10:00 a.m before Judge David M. Ebel by Judge David M. Ebel on 10/08/13. (jjhsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00301-DME-CBS
ALCOHOL MONITORING SYSTEMS, INC., a Colorado Corporation,
Plaintiff/Counterclaim Defendant,
vs.
BI INCORPORATED, a Colorado Corporation, and
GEO CARE, INC., a Florida Corporation,
Defendant.
ORDER SETTING TRIAL DATES AND DEADLINES
This matter is before the Court upon a review of the file. To ensure that all pre-trial
phases of the case are complete before the commencement of the jury trial,
IT IS HEREBY ORDERED:
This Order may not be modified by agreement of the parties. Upon timely application,
however, either or both parties may seek modification as may be necessary to meet a bona fide
emergency, to avoid irreparable injury or harm, or as may otherwise be necessary to do
substantial justice.
A. TRIAL AND TRIAL PREPARATION SETTINGS
This matter has been scheduled for a ten-day jury trial on the docket of Judge David M.
Ebel, to occur in the Byron G. Rogers U.S. District Courthouse, Courtroom C202, 2d Floor, 1929
Stout Street, Denver, Colorado, to commence on April 21, 2014, at 8:30 a.m. The Final Trial
Preparation Conference is set for a one hour hearing on April 15, 2014, at 10:00 a.m. The
parties are expected to be fully prepared for trial at that time. Lead counsel who will try the case
shall attend.
B. MOTIONS DEADLINES
The motions deadlines have passed. The following motions are pending before this
Court:
(1)
Doc. #135: Plaintiff’s Motion for Partial Summary Judgment of Validity Regarding the
‘149 Patent filed on August 2, 2013. Defendants filed their reponse on August 26, 2013
[Doc. #143]. Plaintiff filed its reply on September 9, 2013. [Doc. #224].
(2)
Doc. #136: Defendants’ Motion for Summary Judgment on Non-Infringement filed on
August 2, 2013. Plaintiff filed its response on September 16, 2013. [Doc. #149].
Defendants filed their reply on September 30, 2013 [Doc. #154].
C. TRIAL PREPARATION REQUIREMENTS
By 3:00 p.m. on April 10, 2014, the parties shall submit via email to
Ebel_Chambers@ca10.uscourts.gov the following documents:
(1)
a witness list, containing names, addresses, and estimated length of time for testimony;
(2)
an exhibit list, with stipulations for authenticity except on those exhibits noted;
(3)
a list of stipulated jury instructions plus any other disputed jury instruction tendered by
either side;
(4)
proposed voir dire questions to be asked by the court; and
(5)
a certification that the parties have met in an effort to settle the litigation.
1. Conflicts in Scheduling. Continuances of the trial will be granted only in truly
exceptional circumstances.
2. Jury Instructions. Counsel should confer as to the required jury instructions prior to
submission to avoid duplication. Jury instructions can be submitted pursuant to my memo
regarding instructions found on the District of Colorado website. All proposed instructions shall
be submitted via email to Ebel_Chambers@ca10.uscourts.gov.
3. Witness List. At the Final Trial Preparation Conference, the parties shall also submit
an original and three copies of the final Witness List (form available at www.co.uscourts.gov) to
the court and one copy to the other party, unless previously provided. Please be sure that first
and last names are spelled correctly (using capital letters only for proper names) and that any
changes in names have been noted, as one copy will be available to the court reporter to avoid
the necessity of asking for the spelling of the witness’ name.
4. Exhibit List. At conference, the parties shall also submit an original plus three copies
of the final Exhibit List (form available at www.co.uscourts.gov) to the Court and one copy to
the other party, unless previously provided.
If exhibits are to be presented by CD, they shall be labeled thereon. If they are to be
presented in hard copy, labels should be affixed prior to trial. Exhibit Labels shall be used by
both parties, and may be obtained from the Clerk’s Office in Room A105 of the Alfred A. Arraj
Courthouse. The Plaintiff’s exhibits should be marked with the yellow labels and designated as
P-1, P-2, P-3 . . . . The Defendant’s exhibits shall be marked with the blue labels and designated
as D-1, D-2, D-3 . . . . The civil action number shall also be placed on each of the exhibit
stickers. All paper exhibits shall be bound, such as in three-ring notebooks or folders (pages
should be easily moveable and in no event should the notebook be bigger than a 3-inch
notebook), and the notebook or folder labeled with the following information: (i) caption, (ii)
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scheduled date and time, (iii) party’s name and designation and (iv) “original” or “copy,” and
delivered to the courtroom deputy clerk on the first day of trial. Demonstrative exhibits,
documents used to refresh memory, and written Stipulations of Fact shall also be marked as
exhibits.
5. Terminology. At the Final Trial Preparation Conference, parties shall also submit an
original and three copies of a glossary of any unusual or technical terminology. The glossary
should also include names of persons who will be mentioned during the course of trial but are
not parties to the litigation. Capitalize proper names only.
6. Video and Special Equipment. If you intend to use electronic equipment, advise the
courtroom deputy clerk no later than two weeks before trial.
7. Trial Briefs. Please advise the Court at the Final Trial Preparation Conference if you
wish to file trial briefs, which may not be filed unless authorized by the Court. Briefs requested
shall be filed on a date set by the Court. Unless otherwise specified, trial briefs shall be limited
to 10 pages.
8. Issues to be addressed at the Final Trial Preparation Conference. The parties
shall be prepared to address the following issues:
1) jury selection, including the need for a special jury panel and whether the parties
desire the use of a jury questionnaire;
2) sequestration of witnesses;
3) presentation of exhibits to the jury;
4) timing of presentation of witnesses and evidence;
5) anticipated evidentiary issues (need for scheduling of hearings outside the presence
of the jury);
6) any stipulations as to fact or law; and
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7) any other issue affecting the duration or course of the trial.
DATED:
October 8th
, 2013.
BY THE COURT:
s/ David M. Ebel
David M. Ebel
United States Circuit Judge
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