Carbajal v. St. Anthony Central Hospital et al

Filing 252

TRIAL PREPARATION CONFERENCE ORDER: Proposed Pretrial Order due by 7/17/2015. Final Pretrial Conference and Trial Preparation Conference are set 7/24/2015 11:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. Eight (8) day Jury Trial set 8/10/2015 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 10/29/14. (rebsec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-02257-REB-KLM
DEAN CARBAJAL,
Plaintiff,
v.
ST. ANTHONY CENTRAL HOSPITAL, a corporation,
CENTURA HEALTH, a corporation,
APEX a corporation,
STEPHAN M. SWAN, Physician Assistant, in his individual and official capacity,
GREGORY J. ENGLUND, Registered Nurse, in his individual and official capacity,
MARCI HANSHUE, Registered Nurse, in her individual and official capacity,
MICHAEL O’NIELL, Police Officer For the Denver Police Department, in his individual
and official capacity,
JAY LOPEZ, Police Officer For the Denver Police Department, in his individual and
official capacity, and
LARRY BLACK, Police Officer For the Denver Police Department, in his individual and
official capacity,
Defendants.

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 August 10, 2015, at 8:30 a.m. (MDT), 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 eight (8) days for trial:

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Monday, August 10, 2015, through Thursday, August 13, 2015; and

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Monday, August 17, 2015, through Thursday, August 20, 20151;

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 Final Pretrial Conference and Trial Preparation
Conference (conference) shall commence on July 24, 2015, at 11:00 a.m. (MDT), in
courtroom A1001;
5. That lead counsel and the pro se plaintiff shall attend the conference;
provided, however, that in the discretion of the court, the pro se plaintiff may appear and
participate via video teleconferencing;
6. 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 “6.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;

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The parties should also reserve Friday, August 14, and Friday, August 21, 2014, for trial, if
utilization of those days and dates become necessary.

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7. 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, the court reporter, 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 unless otherwise ordered, 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;
8. 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);
9. 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;
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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:
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;
u. transporting and bringing equipment, models, props, or other property
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into the courthouse and courtroom for use during trial2; and
v. courtroom etiquette and protocol;
10. That the court shall conduct voir dire examination of the prospective jurors;
11. That unless ordered otherwise, the jurors shall not be sequestered before
deliberations;
12. That trial witnesses subject to sequestration under Fed. R. Evid. 615 shall be
sequestered by order entered sua sponte immediately before opening statements;
13. That unless ordered otherwise, opening statements shall be limited to thirty
(30) minutes per party;
14. That the court will not engage in the examination of any witness, except to
eschew plain error;
15. 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;
16. 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)];

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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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17. That unless interrupted by the court, in marshaling motions or objections
during trial, the following sequential protocol shall be observed: objection, response,
reply, ruling;
18. 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
considered at the conclusion of that trial day;
19. 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. [Note: for multiple defendants, each defendant shall identify and
enumerate each individual jury instruction in the heading or title as INSTRUCTION
NO.[insert defendant’s name or abbreviated name]-1,[insert defendant’s name or
abbreviated name]-2,[insert defendant’s name or abbreviated name]-3, etc.]; provided,
furthermore, the parties shall similarly identify and enumerate all proposed verdict forms
and special interrogatories;
20. That unless ordered otherwise, closing argument shall be limited to forty-five
(45) minutes total for each party;
21. That not later than five (5) business days before commencement of trial,

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counsel and any pro se party shall file and provide the court, the court reporter, the
courtroom deputy clerk, opposing counsel, and any pro se party with a glossary of any
difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms
and/or phrases; 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 October 29, 2014, at Denver, Colorado.
BY THE COURT:

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