Small v. BOKF, N.A.

Filing 155

THIRD TRIAL PREPARATION CONFERENCE ORDER by Judge Robert E. Blackburn on 6/9/15. A Bench Trial is set for 9/16/2015 09:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. A combined Final Pretrial Conference and Trial Preparation Conference is set for 8/28/2015 01:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-01125-REB-MJW
LELAND SMALL, individually and on behalf of a class of other similarly situated
persons,
Plaintiff,
v.
BOKF, N.A.,
Defendant.

THIRD 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 Third Trial Preparation Conference Order.
IT IS ORDERED as follows:
1. That trial to the court shall commence September 16, 2015, 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: Wednesday, September 16,
2015, and Thursday, September 17, 2015;
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 Final Pretrial Conference and Trial Preparation Conference
(conference) shall commence on August 28, 2015, at 1:30 p.m. (MDT), 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 Final Pretrial Order” in the
Local Rules of Practice - Forms1; except that the proposed final pretrial order under
section “6. 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 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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Available at http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/Forms.aspx

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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 at the conference the parties shall be prepared to review and discuss,
inter alia, the following:
a. the proposed Final Pretrial Order;
b. identification of “will call” and “may call” witnesses;
c. the estimated time for direct examination of each “will call” witness;
d. the pronunciation of problematic party’s and witness’ names;
e. use of deposition testimony;
f. use of video depositions:
1. resolution of objections;
2. pretrial redaction, if necessary; and
3. arrangements for necessary equipment to broadcast the
deposition;
g. issues concerning witnesses and exhibits;
h. the allocation of trial time between the parties;
i. identification of all persons permitted to be seated at each party’s table
[Please review Fed. R. Evid. 615];
j. the names or monikers that may be used when referring to a party or a
witness;
k. the admission of stipulated exhibits or exhibits about which there are no
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objections;
l. anticipated evidentiary issues; and
m. requests or requirement for trial briefs;
n. security precautions, requirements, or issues;
o. training on the uses of courtroom technology;
p. transporting and bringing equipment, models, props, or other property
into the courthouse and courtroom for the use during trial;2 and
q. courtroom etiquette and protocol;
10. That trial witnesses subject to sequestration under Fed. R. Evid. 615 shall be
sequestered by order entered sua sponte immediately before opening statements;
11. That unless ordered otherwise, opening statements shall be limited to thirty
(30) minutes per party;
12. That pursuant to REB Civ. Practice Standard III.A.4.b., immediately before
commencement of trial, 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, 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,

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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 http://www.cod.uscourts.gov/AttorneyInformation/GeneralAttorneyInformation.aspx under
“Courtroom Technology Manual for Attorneys.” Arrangements for training on courtroom technology must
be made with the courtroom deputy clerk, Kathleen Finney, at [phone], 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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reply, ruling;
14. That if permitted, closing argument shall be limited to forty-five (45) minutes
total for each party;
15. That not later than five (5) business days before commencement of trial,
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;
16. 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, Kathleen Finney,
at [phone], should be contacted; and
17. That this order supplants and supersedes the Second Trial Preparation
Conference Order [#133] entered July 23, 2014.
Dated June 9, 2015, at Denver, Colorado.
BY THE COURT:

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