Scheef & Stone, L.L.P. et al v. Foels

Filing 97

SECOND TRIAL PREPARATION CONFERENCE ORDER: Proposed Pretrial Order due by 1/23/2015. Final Pretrial Conference and Trial Preparation Conference are set 1/30/2015 10:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. Four (4) day Bench Trial set 2/2/2015 09:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 7/11/14. (rebsec) Modified on 7/11/2014 to correct text (klyon, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-01611-REB-CBS
SHEEF & STONE, LLP, and
GRADY DICKENS,
Plaintiffs,
v.
SUSANNA E. FOELS,
Defendant.

SECOND 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 Second Trial Preparation Conference Order.
IT IS ORDERED as follows:
1. That trial to the court shall commence February 2, 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 four (4) days for trial;
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 Trial Preparation Conference and Final Pretrial
Conference (conference) shall commence on January 30, 2015, at 10:00 a.m., 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 - Forms at click here; except that the proposed final pretrial
order under section “7. 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
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
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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
objections;
l. anticipated evidentiary issues; and
m. requests or requirement for trial briefs;
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n. security precautions, requirements, or issues;
o. training on the uses of courtroom technology; and
p. transporting and bringing equipment, models, props, or other property
into the courthouse and courtroom for the use during trial;1
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 opening statements shall be limited to thirty (30) minutes per party;
12. 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;
13. That unless interrupted by the court, in marshaling motions or objections
during trial, the following sequential protocol shall be observed: objection, response,
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; and

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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. 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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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.
Dated July 11, 2014, at Denver, Colorado.
BY THE COURT: