De Arment v. Aetna Life Insurance Company
Filing
50
***Please Disregard; filed in the wrong case*** SECOND TRIAL PREPARATION CONFERENCE ORDER: 7-Day Jury Trial set for 5/16/2016 at 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Combined Final Pretrial Conference and Trial Preparation Conference set for 4/29/2016 at 10:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 4/6/2015. (alowe) Modified on 4/6/2015 (alowe).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-02718-REB-KLM
LELAND R. SHARPES, trustee
Plaintiff,
v.
JPMORGAN CHASE & CO., a Delaware corporation, and
U.S. BANK NATIONAL ASSOCIATION, trustee,
LITTIN LOAN SERVICING, LP, a Delaware limited partnership, and
OCWEN LOAN SERVICING, LLC, a Delaware limited liability company,
Defendants.
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 Trial Preparation Conference Order.
IT IS ORDERED as follows:
1. That trial by jury shall commence May 16, 2016, at 8:30 a.m., in courtroom
A1001, located on the 10th Floor North, of the Alfred A. Arraj, United States Courthouse
Annex,901 19th Street, Denver, Colorado 80294, at which all parties shall appear in
person without further notice, order, or subpoena;
2. That the court reserves seven (7) days for trial:
•
Monday, May 16, 2016, through Thursday, May 19, 2016, and
•
Monday, May 23, 2016, through Wednesday, May 25, 2016;
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
(conference) shall commence on April 29, 2016, at 10:00 a.m., in courtroom A1001;
5. That lead counsel and any pro se party shall attend the conference;
6. 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 list 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 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;
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 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
1
Available at http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/Forms.aspx
2
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 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);
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. stipulated and proposed jury instructions and verdict forms;
c. voir dire questions;
d. the jury selection process and the use of juror questionnaires;
e. identification of all persons permitted to be seated at each party’s table;
f. the pronunciation of problematic party’s and witness’ names;
g. the names or monikers that may be used when referring to a party or a
witness;
h. identification of “will call” and “may call” witnesses;
i. use of deposition testimony:
1. designation of specific testimony by page and line; and
2. identification of the person selected to read deposition answers;
3
j. use of video depositions:
1. resolution of objections;
2. pretrial redaction, if necessary; and
3. arrangements for necessary equipment to broadcast the
deposition;
k. issues concerning witnesses and exhibits;
l. the allocation of trial time between the parties;
m. the admission of stipulated exhibits or exhibits about which there are
no objections;
n. timing of publication, if any, of trial exhibits to the jury;
o. anticipated evidentiary issues;
p. the necessity for cautionary or limiting instructions;
q. requests or requirement for trial briefs;
r. exemptions from the order of sequestration of witnesses;
s. security precautions, requirements, or issues;
t. training on the use of courtroom technology; and
u. transporting and bringing equipment, models, props, or other property
into the courthouse and courtroom for use during trial;2 and
v. courtroom etiquette and protocol;
10. That unless ordered otherwise, each side shall be permitted voir dire
2
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/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 (303)335-2099, 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.
4
examination not to exceed 15 minutes following voir dire examination by the court, but
shall not reiterate questions previously propounded by the court or another party;
11. That unless ordered otherwise,, the jurors shall not be sequestered before
deliberations;
12. That trial witnesses subject to sequestration under Fed. R. Evid. 615 shall be
sequestered by order entered sua sponte immediately before opening statements;
13. That unless ordered otherwise, opening statements shall be limited to thirty
(30) minutes per party;
14. That the court will not engage in the examination of any witness, except to
eschew plain error;
15. That objections made in the presence or hearing of the jury, i.e., so-called
“speaking” objections, shall be stated as succinctly as practicable and supported by
recitation of apposite authority when possible; however, neither counsel nor a pro se
party shall speechify an objection in the presence or hearing of the jury [Review Fed. R.
Evid. 103(d) and 104(c)];
16. That unless interrupted by the court, in marshaling motions or objections
during trial, the following sequential protocol shall be observed: objection, response,
reply, ruling;
17. That to eliminate or minimize bench or sidebar conferences, each party shall
be responsible to inform the courtroom deputy clerk at the conclusion of a trial day
about any issue which should be considered before commencing trial on the next
scheduled day of trial and at the outset of a trial day about any issue which should be
considered at the conclusion of that trial day;
18. That to facilitate preparation, marshaling, and consideration of proposed jury
5
instructions and verdict forms consistent with REB Civ. Practice Standard V.C.4., the
plaintiff shall identify and enumerate each individual jury instruction in the heading or
title as INSTRUCTION NO. P-1, P-2, P-3, etc., and the defendant shall identify and
enumerate each individual jury instruction in the heading or title as INSTRUCTION NO.
D-1, D-2, D-3, etc. [Note: for multiple defendants, each defendant shall identify and
enumerate each individual jury instruction in the heading or title as INSTRUCTION
NO.[insert defendant’s name or abbreviated name]-1,[insert defendant’s name or
abbreviated name]-2,[insert defendant’s name or abbreviated name]-3, etc.]; provided,
furthermore, the parties shall similarly identify and enumerate all proposed verdict forms
and special interrogatories;
19. That unless ordered otherwise, closing argument shall be limited to forty-five
(45) minutes total for each party;
20. 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
21. That for additional information about courtroom protocol, courtroom
technology and training, trial preparation, transportation of items into the courthouse
and courtroom, or submission of trial exhibits, the courtroom deputy clerk, Kathleen
Finney, at (303)335-2099, should be contacted.
Dated April 6, 2015, at Denver, Colorado.
6
BY THE COURT:
7
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?