Savage v. Premier Members Federal Credit Union et al

Filing 19

TRIAL PREPARATION CONFERENCE ORDER. Final Pretrial/Trial Preparation Conference set for 12/8/2015 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. Proposed Pretrial Order due by 12/1/2015. A three day jury trial set for 1/25/2016 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 1/16/15. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 14–cv–02801–WYD–KMT
DAVID W. SAVAGE,
Plaintiff,
v.
PREMIER MEMBERS FEDERAL CREDIT UNION, and
EQUIFAX INFORMATION SERVICES, LLC,
Defendants.
TRIAL PREPARATION CONFERENCE ORDER

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. In order to resolve pretrial issues implicating Fed. R. Evid. 702, the following procedural
protocol shall be used:
a. All motions raising issues under Fed. R. Evid. 702 as codified and construed shall
be filed by the dispositive motion deadline of August 31, 2015, and marshaled
thereafter as prescribed by D.C.COLO.LCivR 7.1(c).;
b. For each putative expert witness with respect to whom the movant objects for any
reason, the movant shall provide the following:
i. whether the movant contends that the testimony of the expert is
unnecessary or irrelevant; and if so, why;
ii. whether the movant objects to the qualifications of the witness; and if so,
why (stated in detail); and

iii. whether the movant objects to any opinion to be offered by the expert;
and if so:
1. which opinion; and
2. the specific basis and authority for any objection stated and
presented in terms of Fed. R. Evid. 401 and/or 702(a), (b), (c), or
(d), i.e., whether the objection impugns the relevancy of the
opinion, whether the objection impugns the sufficiency of the facts
and data used in support of the opinion, whether the objection
impugns the principles and methods on which the expert relied in
support of the opinion, or whether the objection impugns how the
expert has applied the principles and methods reliably to the facts
of the case relevant to the opinion; and
3. for each putative expert witness whose necessity, qualifications, or
opinions are opposed by the movant, the party offering the expert
shall provide in response to the motion the following:
a. a curriculum vitae for the expert;
b. a statement of each opinion to be offered by the expert that
is opposed by the movant; and
c. the relevance and bases for each allegedly objectionable
statement to be offered by the expert, including
i. the facts or data on which the expert relied in
support of the opinion made the focus and subject of
objection;
ii. the principles and methods on which the expert
relied in support of the opinion made the focus and
subject of objection; and
iii. how the expert has applied the principles and
methods reliably to the facts of the case relevant to
the opinion made the focus and subject of objection;
2. A trial by jury shall commence January 25, 2016, at 9:30 a.m., in Courtroom C-201,
located on the 2nd Floor of the Byron Rogers United States Courthouse, 1929 Stout Street,
Denver, Colorado 80294, at which trial all parties shall appear in person without further
notice, order, or subpoena;
3. The court reserves three (3) days for trial:
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Monday, January 25, 2016, through Wednesday, January 27, 2016;

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4. Counsel and any pro se party shall appear in Courtroom C-201 on the first day of trial at
8:45 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. A combined Trial Preparation Conference and Final Pretrial Conference (conference)
shall commence on December 8, 2015, at 9:30 a.m., in Courtroom C-201. Lead counsel
and any pro se party shall attend the conference in person unless otherwise pre-arranged;
6. 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 December 1, 2015;
7. The proposed Final Pretrial Order shall be prepared in the time, manner, and form
prescribed by D.C.COLO.LCivR 16.3 and the “Final Pretrial Order and Instructions
(Local Rules Appendix G)” found at
http://www.cod.uscourts.gov/JudicialOfficers/ArticleIMagistrateJudges/HonKathleenMT
afoya.aspx. The required Exhibit List and Witness List shall comply with this court’s
Practice Standards, Section V(E) and (F). Copies of exhibits included in the proposed
Final Pretrial Order must be provided to opposing counsel or any pro se party no
later than 45 days before trial and objections to the exhibits must be served by
personal delivery, electronic mail, or facsimile no later than 30 days before trial;
8. At the outset of the conference, the parties shall submit the stipulated and proposed jury
instructions and verdict forms as well as proposed voir dire, if applicable;
9. 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:
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i. designation of specific testimony by page and line; and
ii. identification of the person selected to read deposition answers;
j. use of video depositions:
i. resolution of objections;
ii. pretrial redaction and alternate versions, if necessary; and
iii. 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 and resolutions of motions in limine;
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;1
10. Before commencement of the 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
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The court has audio, video, audio-visual, evidentiary presentation, and other special equipment that may
be used by the parties. Arrangements for training on courtroom technology must be made with the courtroom
deputy clerk, Sabrina Grimm, 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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witnesses and a copy for the court, the law clerk, and all other parties). (See Practice
Standards of Kathleen M. Tafoya, Section V(E) regarding presentation of exhibits in
court.) If a hard copy of the exhibits will necessitate the use of more than one notebookstyle binder, the court requires that exhibits be marshaled electronically using removable
storage (e.g. stick drives) which shall be provided to the court, the law clerk, and the
courtroom deputy. Only one original set of exhibits will be accepted in hard copy format
under this provision;
11. Each side shall be permitted voir dire 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;
12. Unless ordered otherwise, the jurors shall not be sequestered before deliberations;
13. Trial witnesses subject to sequestration under Fed. R. Evid. 615 shall be sequestered by
order entered sua sponte immediately before opening statements;
14. Opening statements shall be limited to thirty (30) minutes per party. Closing argument
shall be limited to forty-five (45) minutes total for each party. The party with the burden
of proof may reserve a portion of its time for rebuttal closing;
15. Unless interrupted by the court, in marshaling motions or objections during trial, the
following sequential protocol shall be observed: objection, response, reply, ruling;
16. To eliminate or minimize bench or sidebar conferences, each party shall be responsible to
inform the courtroom deputy clerk by 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;
17. 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, Sabrina Grimm, at [phone], should be
contacted.
Dated this 16th day of January, 2015.
BY THE COURT:

__________________________
Kathleen M. Tafoya
United States Magistrate Judge
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