Country Mutual Insurance Company v. Rocky Mountain Construction Company, LLC et al

Filing 33

TRIAL PREPARATION CONFERENCE ORDER: Final Pretrial Conference set for 5/10/2013 03:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. Trial Preparation Conference set for 5/10/2013 at 03:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. Two (2) day Bench Trial set for 5/13/2013 09:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 5/23/12. (rebsec, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 12-cv-00453-REB-KMT
COUNTRY MUTUAL INSURANCE COMPANY, an Illinois corporation,
Plaintiff,
v.
ROCKY MOUNTAIN CONSTRUCTION COMPANY, LLC, a Colorado limited liability
company,
ANTHONY K. FLORES,
FORTINO FLORES,
DAVID STILES, and
BRENDA STILES, citizens of the State of Colorado,
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 in order to resolve pretrial issues implicating Fed.R.Evid. 702, the
following procedural protocol shall be used:
a. That expert reports shall conform in substance to the requirements of
Fed. R. Civ. P. 26(a)(2)(B) and shall contain and include the following:
1. a complete statement of each expert opinion to be expressed
and the bases and reasons therefor;
2. the facts, data, and other information considered by the witness

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in forming each expert opinion;
3. any exhibits to be used as a summary of or support for each
expert opinion;
4. the qualifications of the witness, including a list of all publications
authored by the witness within the preceding ten years, stated in a curriculum vitae
(“c.v.”);
5. the compensation to be paid the expert for the study and
testimony; and
6. a listing of any other cases in which the witness has testified as
an expert at trial or by deposition within the preceding four years;
b. That all motions raising issues under Fed.R.Evid. 702 as codified and
construed shall be filed by December 1, 2012, and marshaled thereafter as prescribed
by D.C.COLO.LCiv 7.1C;
c. That for each putative expert witness with respect to whom the movant
objects for any reason, the movant shall provide the following:
1. whether the movant contends that the testimony of the expert is
unnecessary or irrelevant; and if so, why;
2. whether the movant objects to the qualifications of the witness;
and if so, why (stated in detail); and
3. whether the movant objects to any opinion to be offered by the
expert; and if so:
a. which opinion; and

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b. the specific basis and authority for any objection stated
and presented in terms of Fed.R.Evid. 401 and/or 702(a), (b), (c), or (d), i.e., whether
the objection impugns the relevance of the opinion, whether the objection impugns the
sufficiency of the facts and data used in support of the opinion, whether the objection
impugns the principles and methods on which the expert relied in support of the opinion,
or whether the objection impugns how the expert has applied the principles and
methods reliably to the facts of the case relevant to the opinion; and
d. That for each putative expert witness whose necessity, qualifications, or
opinions are opposed by the movant, the party offering the expert shall provide in
response to the motion the following:
1. a c.v.for the expert;
2. a statement of each opinion to be offered by the expert that is
opposed by the movant; and
3. the relevance and bases for each allegedly objectionable
statement to be offered by the expert, including
a. the facts or data on which the expert relied in support of
the opinion made the focus and subject of objection;
b. the principles and methods on which the expert relied in
support of the opinion made the focus and subject of objection; and
c. how the expert has applied the principles and methods
reliably to the facts of the case relevant to the opinion made the focus and subject of
objection;

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2. That trial to the court shall commence May 13, 2013, at 9:00 a.m., in
courtroom A1001,on the tenth floor of the Alfred A. Arraj, United States Courthouse
Annex, at 901 19th St., Denver, Colorado 80294, at which all parties shall appear in
person without further notice, order, or subpoena;
3. That the court reserves two (2) days for trial;
4. 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;
5. That a combined Trial Preparation Conference and Final Pretrial
Conference (conference) shall commence on May 10, 2013, at 3:30 p.m., in courtroom
A1001;
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 For Preparation of Final
Pretrial Order” to Appendix G in Section V of the Local Rules of Practice of the United
States District Court for the District of Colorado-Civil; except that the proposed final
pretrial order under section “7. EXHIBITS” shall not require the parties to 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 the exhibits
must be provided to opposing counsel or any pro se party no later than 45 days before

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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
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 at the Conference the parties shall be prepared to review and discuss,
inter alia, the following:
a. identification of “will call” and “may call” witnesses;
b. the estimated time for direct examination of each “will call” witness;
c. the pronunciation of problematic party’s and witness’ names;
d. use of deposition testimony;
e. use of video depositions:
1. resolution of objections;

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2. pretrial redaction, if necessary; and
3. arrangements for necessary equipment to broadcast the
deposition;
f. issues concerning witnesses and exhibits;
g. the allocation of trial time between the parties;
h. identification of all persons permitted to be seated at each party’s table
[Please review Fed.R.Evid. 615];
i. the names or monikers that may be used when referring to a party or a
witness;
j. the admission of stipulated exhibits or exhibits about which there are no
objections;
k. anticipated evidentiary issues; and
l. requests or requirement for trial briefs;
m. security precautions, requirements, or issues;
n. training on the uses of courtroom technology; and
o. transporting and bringing equipment, models, props, or other property
into the courthouse and courtroom for the use during trial;1
10. That trial witnesses subject to sequestration under Fed.R.Evid. 615 shall be
sequestered by order entered sua sponte immediately before opening statements;

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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 http://www.cod.uscourts.gov/Judges/Judges.aspx under “Courtroom Technology Manual for
Attorneys.” Arrangements for training on courtroom technology must be made with the courtroom deputy
clerk, Nel Steffens, at 303-335-2090 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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11. That opening statements shall be limited to thirty (30) minutes per party;
12. 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;
13. That unless interrupted by the court, in marshaling motions or objections
during trial, the following sequential protocol shall be observed: objection, response,
reply, ruling;
14. That if permitted, closing argument shall be limited to forty-five (45) minutes
total for each party; and
15. That for additional information about courtroom protocol, courtroom
technology and training, trial preparation, transport of items into the courthouse and
courtroom, or submission of trial exhibits, the courtroom deputy clerk, Nel Steffens, at
303-335-2090 should be contacted.
Dated May 23, 2012, at Denver, Colorado.
BY THE COURT:

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