Chytka v. Wright Tree Service, Inc.

Filing 378

TRIAL PREPARATION CONFERENCE ORDER: Proposed Pretrial Order due by 8/15/2014. Final Pretrial Conference and Trial Preparation Conference set 8/22/2014 03:00 PM in Courtroom A1001 before Judge Robert E. Blackburn. Four (4) day Jury Trial set 9/8/2014 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 3/19/14. (rebsec,)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 11-cv-00968-REB-KLM
KATHLEEN CHYTKA,
Plaintiff,
v.
WRIGHT TREE SERVICE, INC.,
Defendant.

TRIAL PREPARATION CONFERENCE ORDER
Blackburn, J.
Pursuant to Fed. R. Civ. P. 16(e), D.C.COLO.LCivR 16.3, and D.C.COLO.LCivR
43.1, the court enters this Trial Preparation Conference Order.
IT IS ORDERED as follows:
1. That trial by jury shall commence September 8, 2014, 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 four (4) days for trial;
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 and discuss with the courtroom deputy clerk and the
court, if necessary, any final details, arrangements, or requirements concerning the trial;
4. That a combined Trial Preparation Conference and Final Pretrial
Conference (conference) shall commence on August 22, 2014, at 3:00 p.m., in

courtroom A1001;
5. That the proposed Final Pretrial Order, submitted pursuant to District Court
ECF Procedures V.5.1, shall be presented for the approval of the court no later than
seven (7) days before the final pretrial conference, i.e., by August 15, 2014;
6. That lead counsel and any pro se party shall attend the conference;
7. That for use and consideration during the conference, the parties shall
prepare and submit a proposed Final Pretrial Order in the time, manner, and form
prescribed by D.C.COLO.LCivR 16.3 and the “Instructions Final Pretrial Order” in the
Local Rules of Practice - Forms at click here; except that the proposed final pretrial
order under section “7.EXHIBITS” shall not require the parties to list the exhibits to be
offered by each party as otherwise required under subsection “a” (See instead,
paragraph 8, infra.), and shall provide under subsection “b” that copies of exhibits must
be provided to opposing counsel or any pro se party no later than 45 days before trial
and that objections to the exhibits must be served by personal delivery, electronic mail,
or facsimile no later than 30 days before trial;
8. That at the outset of the 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 in addition to the
information required to be submitted under section “6.WITNESSES” of the final pretrial
order, 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

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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;
9. 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);
10. That at the conference the parties shall be prepared to review and discuss,
inter alia, the following:
a. the proposed Final Pretrial Order;
b. stipulated and proposed jury instructions and verdict forms;
c. voir dire questions;
d. the jury selection process and the use of juror questionnaires;
e. identification of all persons permitted to be seated at each party’s table;
f. the pronunciation of problematic party’s and witness’ names;
g. the names or monikers that may be used when referring to a party or a
witness;
h. identification of “will call” and “may call” witnesses;
i. use of deposition testimony:
1. designation of specific testimony by page and line; and
2. identification of the person selected to read deposition answers;
j. use of video depositions:
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1. resolution of objections;
2. pretrial redaction, if necessary; and
3. arrangements for necessary equipment to broadcast the
deposition;
k. issues concerning witnesses and exhibits;
l. the allocation of trial time between the parties;
m. the admission of stipulated exhibits or exhibits about which there are
no objections;
n. timing of publication, if any, of trial exhibits to the jury;
o. anticipated evidentiary issues;
p. the necessity for cautionary or limiting instructions;
q. requests or requirement for trial briefs;
r. exemptions from the order of sequestration of witnesses;
s. security precautions, requirements, or issues;
t. training on the use of courtroom technology; and
u. transporting and bringing equipment, models, props, or other property
into the courthouse and courtroom for use during trial;1
11. 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
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The court has audio, video, audio-visual, evidentiary presentation, and other special equipment
that may be used by the parties. A listing of available equipment can be found on the District Court’s
website at click here under Courtroom Technology Manual for Attorneys.” Arrangements for training on
courtroom technology must be made with the courtroom deputy clerk, Kathleen Finney, at (303)3352099, at least 14 days before trial. Notify the courtroom deputy clerk no later than fourteen (14) days
before the date and time you need such equipment or need your own equipment to be brought through
security for use in the courtroom.

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previously propounded by the court or another party;
12. That pending further court order, the jurors shall not be sequestered before
deliberations;
13. That trial witnesses subject to sequestration under Fed. R. Evid. 615 shall be
sequestered by order entered sua sponte immediately before opening statements;
14. That opening statements shall be limited to thirty (30) minutes per party;
15. That the court will not engage in the examination of any witness, except to
eschew plain error;
16. That pursuant to REB Civ. Practice Standard III.B.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;
17. 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(d) and 104(c)];
18. That unless interrupted by the court, in marshaling motions or objections
during trial, the following sequential protocol shall be observed: objection, response,
reply, ruling;
19. 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
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considered at the conclusion of that trial day;
20. That to facilitate preparation, marshaling, and consideration of proposed jury
instructions and verdict forms consistent with REB Civ. Practice Standard V.C.4., the
plaintiff shall identify and enumerate each individual jury instruction in the heading or
title 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.
D-1, D-2, D-3, etc.; provided, furthermore, the parties shall similarly identify and
enumerate all proposed verdict forms and special interrogatories;
21. That closing argument shall be limited to forty-five (45) minutes total for each
party; and
22. That for additional information about courtroom protocol, courtroom
technology and training, trial preparation, transportation of items into the courthouse
and courtroom, or submission of trial exhibits, the courtroom deputy clerk, Kathleen
Finney, at [phone], should be contacted.
Dated March 19, 2014, at Denver, Colorado.
BY THE COURT:

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