Cohen v. Public Service Company of Colorado d/b/a Xcel Energy

Filing 268

ORDER Granting 267 the Joint Motion to Request and Clarify that Motions in Limine Be Argued at the April 12, 2016 Final Trial Preparation Conference. Accordingly, because I will handle all remaining pretrial matters at the Final Trial Preparat ion Conference, the status conference set for March 31, 2016 is VACATED. Argument on the Motions in Limine are set for 4/12/2016 at the Final Trial Preparation Conference. The parties collectively submitted over seventy disputed instructions. This is entirely unacceptable and will not be tolerated. Accordingly, ECF Nos. 261 , 262 , 263 , 264 , 265 , and 266 are STRICKEN from the record. An entirely new set of proposed jury instructions, proposed verdict forms and related submissions shall be filed not later than Thursday, April 7, 2016, by Judge Wiley Y. Daniel on 3/28/2016.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00578-WYD-NYW
STACEY COHEN
Plaintiff,
v.
PUBLIC SERVICE COMPANY OF COLORADO, d/b/a XCEL ENERGY,
Defendant.

ORDER

THIS MATTER comes before the Court upon a review of the file along with the
Joint Motion to Request and Clarify that Motions in Limine Be Argued at the April 12,
2016 Final Trial Preparation Conference (ECF No. 267). The motion is GRANTED. I
will hear argument on the motions in limine at the April 12, 2016 Final Trial Preparation
Conference. Accordingly, because I will handle all remaining pretrial matters at the
Final Trial Preparation Conference, the status conference set for March 31, 2016 is
VACATED.
Additionally, I note that on March 25, 2016, the parties submitted proposed jury
instructions and verdict forms. Of the submitted proposed instructions, only six were
agreed upon. The parties collectively submitted over seventy disputed instructions. This
is entirely unacceptable and will not be tolerated. In my more than twenty years on the
bench, there is less cooperation on jury instructions in this case than in any other case I
can recall. Accordingly, ECF Nos. 261, 262, 263, 264, 265, and 266 are STRICKEN

from the record.
The parties are ordered to meet and confer and reach maximum agreement
regarding both the general instructions and the substantive instructions prior to
the Final Trial Preparation Conference set for Tuesday, April 12, 2016.
An entirely new set of proposed jury instructions, proposed verdict forms and
related submissions shall be filed not later than Thursday, April 7, 2016. Failure to
comply with this Order will result in the imposition of substantial, financial
sanctions.
In general, I do not look favorably when the pattern instructions are modified by
case law unless there is some compelling reason. Additionally, I prefer to use pattern
instructions from O’Malley, Grenig and Lee, Federal Jury Practice and Instructions
unless there is a substantive legal argument to the contrary.

Dated: March 28, 2016
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge