General Steel Domestic Sales, LLC v. Chumley et al
ORDER SETTING FINAL PRETRIAL CONFERENCE: Final Pretrial Conference set for 12/22/2015 at 09:00 AM in Courtroom A 901 before Chief Judge Marcia S. Krieger. by Chief Judge Marcia S. Krieger on 10/7/15. (msksec, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Marcia S. Krieger
Civil Action No. 13-cv-00769-MSK-KMT
GENERAL STEEL DOMESTIC SALES, LLC, a Colorado limited liability company, doing
business as General Steel Corporation,
ETHAN DANIEL CHUMLEY, individually;
ATLANTIC BUILDING SYSTEMS, LLC, a Delaware corporation, doing business as Armstrong
GOTTFRID SWARTHOLM, individually; and
PRQ INTERNET KOMMANDITBOLAG (LIMITED PARTNERSHIP), doing business as PRQ
ORDER SETTING FINAL PRETRIAL CONFERENCE
This Order sets deadlines, imposes requirements that supplement the Trial Preparation
Order – Civil and the Civil Practice Standards, and imposes requirements for trial.
IT IS HEREBY ORDERED that a Final Pretrial Conference is set for December 22,
2015, at 9:00 a.m. in the United States District Court for the District of Colorado,
Courtroom A901, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado.
A. Proposed Final Pretrial Order
Counsel shall meet and confer sufficiently in advance of the Final Pretrial Conference to
jointly prepare a Proposed Final Pretrial Order. It shall be filed with proposed jury instructions,
and proposed voir dire questions at least 7 days before the Final Pretrial Conference.
The Proposed Final Pretrial Order should reflect the narrowing of issues to be actually
tried, the witnesses that will be called and the exhibits that will be presented. The format for the
Proposed Final Pretrial Order differs from that specified in the Local Rules. The content of the
following sections is changed as set forth below:
Section 3: Claims and Defenses B Parties are discouraged from submitting a narrative
summary of the claims, defenses, facts, and legal theories. If a narrative summary is submitted, it
should not exceed one page, and shall be in addition to the following:
Separately enumerate each claim and affirmative defense (a defense on which the
Defendant bears the burden of proof) that will be tried. An example is attached to this Order.
For each claim and affirmative defense designate:
1) the standard of proof;
2) if the claim is governed by state law, the state whose law controls the claim; and
3) each element that must be proved. For each element, identify facts that establish the
element. For each fact, indicate either that it is stipulated or, identify the witness whose
testimony or the exhibit, the contents of which, will establish such fact. Any claims or
affirmative defenses not specifically identified may be deemed waived.
Section 4: Stipulations - It is neither necessary nor appropriate to present evidence of
facts which are not in dispute. To save time and expense for the parties and fact finder(s), and to
focus the trial, the parties shall stipulate to all material facts that are not in dispute.1 Stipulated
facts will be included in a jury instruction given to the jury prior to opening statements.
1 Please be cognizant of the difference between disputing the existence of a fact and disputing the significance of that
fact. For example, a stipulation to the existence of fact (e.g. that the sun set at 7:00 p.m. on the day in question) does
not prevent the party from arguing as to the significance of that fact (e.g. that there was or was not adequate daylight at
7:00 p.m.). FED.R.CIV.P. 11(b)(4) provides guidance as to when a matter is in dispute.
Section 5: Pending motions B Identify all motions either filed or which will be filed prior
to trial, including the specific relief that will be requested.
Section 6: Witnesses B Parties should attach a single, joint list of all witnesses on the
form found at http://www.cod.uscourts.gov/Portals/0/Documents/Judges/MSK/msk_witness.pdf.
Designate the total time needed for the testimony of each witness (or the time necessary to present
The estimated duration of testimony in the Witness List is used solely to ensure that the
time set aside for trial is sufficient to receive the testimony of all expected witnesses. The time
calculation is not a limitation on the amount of time that a witness may be examined at trial; parties
may allocate their allotted trial time as they see fit.
Section 7: Exhibits B Exhibits should be listed on a single, joint exhibit list using the
form available at
should be numbered without designation as Plaintiff=s or Defendant=s exhibits. Parties may use
the exhibit numbers that were used in pretrial discovery so long as they conform with the Practice
%20Standards_MSK.pdf. All objections are reserved for trial.
B. Final Pretrial Conference
The Court will schedule the Final Pretrial Conference once all dispositive motions are
determined, or upon the request of the parties should no dispositive motion be filed. Trial
counsel and the parties must appear. If a party is an organization, the client representative who
will appear at trial on behalf of that organization shall be present.
At the Final Pretrial Conference, the Court will review the Proposed Final Pre-trial Order
with counsel to determine what issues will ultimately be tried, what facts can be stipulated to, what
factual disputes require evidence, the time necessary for trial and other trial related issues. If the
case has not been sufficiently narrowed, an amended final pretrial order may be required or the
case may be referred to the Magistrate Judge for preparation for trial.
Once the matter is ready for trial, the trial will be set no sooner than 30 days after the Final
Pretrial Conference, but as soon as the Court’s calendar allows. The trial setting will be firm,
subject only to the need for a criminal trial in compliance with the Speedy Trial Act.
Trials usually run 4-5 days per week, depending on the length of the trial. All trials begin
on Monday morning at 8:30 a.m. Expect approximately six hours trial time per trial day. The
trial will be set for a specified number of days. The time (exclusive of voir dire, charging
conferences, and initial and final charging of the jury) will be divided equally between Plaintiff(s)
and Defendant(s). At counsels’ discretion, such time can be used for opening statements, closing
arguments, presentation of evidence, objections and motions. Absent objections made at the
Final Pre-Trial Conference, a chess clock will be used to divide trial time equally between
Plaintiff(s) and Defendant(s).
Parties may reallocate trial time among themselves but the total
trial time will not be increased except upon showing of extraordinary, unanticipated
Any problems in the trial setting or special needs for witnesses should be addressed at the
Final Pretrial Conference. The unavailability of designated witnesses, including “may call” and
“will call” witnesses, will not constitute a basis for delay in or continuance of the trial. A party
shall secure the presence of any witness it intends to call. Counsel should always have a sufficient
number of witnesses available to testify such that recesses or early adjournments of the trial day
will not be necessary. If witnesses are not available, lost time may be counted against the party
whose case is being presented.
At the time fixed for trial, all parties shall be present and ready to proceed. If any party is
absent or unprepared to proceed, judgment may be entered forthwith in favor of the opposing party
or the time of unavailability credited against the party=s share of the trial time. If both parties are
absent or unprepared, the case may be dismissed, and costs, fees, or sanctions may be imposed
against either or both parties and/or their counsel.
C. Modification of Order
This Order may not be modified by agreement of the parties. However, upon timely,
written application, any party 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. Extensions of time and continuances will not normally be granted for Apress of other
business@ or for circumstances that could reasonably have been anticipated.
Failure to comply with the provisions of this Order or the applicable procedural rules
may result in imposition of sanctions including, but not limited to, vacation of the trial,
barring the presentation of evidence, dismissal of claims or defenses, entry of default or
awards of fees and costs in accordance with FED.R.CIV.P. 16 and 37.
DATED this 7th day of October, 2015.
BY THE COURT:
Marcia S. Krieger
United States District Court
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