Leeper v. Allstate Casualty Insurance Company et al

Filing 104

ORDER Setting Case for Trial. Jury Trial set for 11/7/2016 08:00 AM before Judge Philip A. Brimmer. Trial Preparation Conference set for 10/14/2016 at 01:30 PM before Judge Philip A. Brimmer. Signed by Judge Philip A. Brimmer on 12/11/15. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 13-cv-03460-PAB-KMT
SHAROLYN A. LEEPER,
Plaintiff,
v.
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY and
ALLSTATE INSURANCE COMPANY,
Defendants.
_____________________________________________________________________
ORDER SETTING CASE FOR TRIAL
_____________________________________________________________________
This matter has been scheduled for a seven-day jury trial on the docket of Judge
Philip A. Brimmer in the U.S. District Courthouse, Courtroom A701, 7th Floor, 901 19th
Street, Denver, Colorado, to commence on November 7, 2016 at 8:00 a.m. The Court
typically does not hold trial on Fridays.
A Trial Preparation Conference is set for October 14, 2016 at 1:30 p.m.
Counsel who will try the case shall attend in person.
In the absence of a previously-imposed deadline, all motions to exclude expert
testimony must be filed sixty days before the trial preparation conference.
Transcripts filed in support of objections to designations of deposition testimony
must include the portion of the transcript containing the testimony with the testimony
highlighted.
Fourteen days before the trial preparation conference, counsel and any pro se
party shall submit proposed jury instructions and verdict forms. The jury instructions

shall identify the source of the instruction and supporting authority, e.g. § 103, Fed. Jury
Practice, O’Malley, Grenig, and Lee (5th ed.). The parties shall submit their instructions
and verdict forms both via CM/ECF and by electronic mail to
[e-mail] in Word Perfect format (Word Perfect 12 or a
later version) or Word format. Verdict forms shall be submitted in a separate file from
jury instructions. Within the jury instruction file, each jury instruction shall begin on a
new page.
Each instruction should be numbered (e.g., “Plaintiff’s Instruction No. 1”) for
purposes of making a record at the jury instruction conference. The parties shall
attempt to stipulate to the jury instructions, particularly “stock” instructions and verdict
forms.
In diversity cases where Colorado law applies, please submit instructions and
verdict forms that conform to CJI-Civ 4th.
Seven days before the trial preparation conference, the parties shall file via
CM/ECF (1) their proposed voir dire questions; (2) their witness lists; and (3) their
exhibit lists. Forms of the witness and exhibit lists are found at
http://www.cod.uscourts.gov/Judges/Judges.aspx. Please add at least ten additional
blank rows at the end of the exhibit list to accommodate any additional exhibits that
may be introduced at trial.
Two days after witness lists are filed, the parties shall file estimates of time
required for their cross-examination of the opposing party’s witnesses.

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To the extent the deadlines and other provisions of this order conflict with this
Court’s Practice Standards, this order shall control.
The parties shall be prepared to address the f ollowing issues at the Trial
Preparation Conference:
1)

jury selection;

2)

sequestration of witnesses;

3)

timing of presentation of witnesses and evidence;

4)

anticipated evidentiary issues;

5)

any stipulations as to fact; and

6)

any other issue affecting the duration or course of the trial.

DATED December 11, 2015.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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