Weitz Company, LLC, The et al v. Capitol Peak Lodge Condominium Association, Inc.

Filing 42

TRIAL PREPARATION CONFERENCE ORDER: Proposed Pretrial Order due by 3/28/2014. Final Pretrial Conference and Trial Preparation Conference are set for 4/4/2014 02:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. Two (2) day Bench Trial set for 4/7/2014 09:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 8/9/13. (rebsec, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-01179-REB-MJW
THE WEITZ COMPANY, LLC,
BAKER CONCRETE CONSTRUCTION, INC.,
LAFARGE WEST, INC., and
BASE VILLAGE OWNER, LLC,
Plaintiffs,
v.
CAPITOL PEAK LODGE CONDOMINIUM ASSOCIATION, INC.,
Defendant.

TRIAL PREPARATION CONFERENCE ORDER
Blackburn, J.
Pursuant to D.C.COLO.LCivR 43.1, the court enters this Trial Preparation
Conference Order.
IT IS ORDERED as follows:
1. That trial to the court shall commence April 7, 2014, 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;
2. That the court reserves two (2) days for trial;
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 shall commence on April 4, 2014, at 2:30 p.m., in courtroom A1001;
5. That the proposed Final Pretrial Order, submitted pursuant to District Court
ECF Procedures V.5.1, shall be presented for the approval of the court no later than
seven (7) days before the final pretrial conference, i.e. by March 28, 2014;
6. That lead counsel and any pro se party shall attend the conference;
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 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;
8. 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;
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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. 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
9. 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, 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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10. That opening statements shall be limited to thirty (30) minutes per party;
11. 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;
12. That unless interrupted by the court, in marshaling motions or objections
during trial, the following sequential protocol shall be observed: objection, response,
reply, ruling;
13. That if permitted, closing argument shall be limited to forty-five (45) minutes
total for each party;
14. 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
15. That pursuant to REB Civ. Practice Standard IV.A.1.b., the Final Pretrial
Order as modified or supplemented by this Trial Preparation Conference Order and any
order entered during the combined Final Pretrial Conference and Trial Preparation
Conference shall control the subsequent course of this action and the trial, and may not
be amended except by consent of the parties and approval of the court or by order of
the court to prevent manifest injustice.
Dated August 9, 2013, at Denver, Colorado.
BY THE COURT:

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