Spencer v. Kenny et al

Filing 21

Order: See attached. The parties' Joint Trial Memorandum is due by 7/19/2013. Signed by Judge Donna F. Martinez on 6/13/13.(Constantine, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
DERRICK R. SPENCER,
Plaintiff,
v.
KENNY, et al.,
Defendants.

:
:
:
:
:
:
:
:
:

CASE NO.

3:11cv50(RNC)

ORDER
On June 10, 2013, the court issued a ruling on the defendants'
motion to dismiss.

(Doc. #20.)

Only Connecticut Department of

Correction Officer Byars remains as a defendant.
The case management deadlines all have passed.

Accordingly

the parties shall file a Joint Trial Memorandum in the form
described in the attached addendum on or before July 19, 2013.
case will be considered trial ready thirty days later.

The

Counsel

signing the memorandum must certify that it is the product of
consultation between the lawyers who will be trying the case.
SO ORDERED at Hartford, Connecticut this 13th day of June,
2013.

___________/s/________________
Donna F. Martinez
United States Magistrate Judge

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
Addendum
Case:
Case No.
1.

Spencer v. Kenny et al.
3:11cv50(RNC)
Pursuant

to

the

pretrial

schedule

that

has

been

established for this case, the case will be considered ready for
trial by August 19, 2013. Counsel should inform their clients that
the court

intends

to

try

the

case at

that

time or

as

soon

thereafter as possible.
2.

By July 19, 2013, the parties will jointly prepare and

file for approval by the Court a joint trial memorandum.

Counsel

signing the memorandum must certify that it is the product of
consultation between the lawyers who will be trying the case. The
memorandum will be in the form prescribed by the District Court's
Standing Order Regarding Trial Memoranda in Civil Cases (see Local
Rules of Civil Procedure), and must be certified that it is a joint
product of consultation between the lawyers trying the case, with
the following modifications:
a.

Witnesses:

Set forth the name and address of each

witness to be called at trial.

Provide a brief summary of the

anticipated testimony of each witness and an estimate of the
probable duration of his or her testimony (e.g. less than one hour,
two to three hours, one full day).

For each expert witness, set

forth the opinion to be expressed, a brief summary of the basis of

the opinion and a list of the materials on which the witness
intends to rely.

If a party objects to all or any part of the

anticipated testimony of any witness, lay or expert, the objection
must be stated in this section of the joint memorandum so that it
can be addressed prior to trial.
b.
exhibits

Exhibits:

required

by

The parties will prepare the list of
the

Standing

Order.

The

list

must

specifically identify each exhibit by providing a brief description
of the exhibit.

The exhibits will be listed in numerical order

starting with Plaintiff's Exhibit 1 and Defendant's Exhibit 1.

If

a party has an objection with regard to a designated exhibit, the
objection must be stated in this section of the joint memorandum or
it will be waived.

Each party will prepare an original set of

exhibits, plus a duplicate copy for the Court and every other
party, marked with exhibit tags provided by the Clerk.

The

duplicate sets of exhibits must be submitted to the Court not later
than the day before the final pretrial conference.

Counsel will

retain the original set of exhibits for use at trial.
c.

Jury Instructions:

In jury cases, the parties will

meet and confer for the purpose of preparing and filing tailored
jury instructions on the elements of the parties’ claims and
defenses.

The proposed instructions will be submitted as an

attachment to the joint trial memorandum.

If the parties cannot

agree as to the appropriateness of a particular instruction, each
party must submit a proposed instruction supported by a brief

explanation of its position, including citation to applicable
authority.
d.

Anticipated Evidentiary Problems:

The parties will

attach motions in limine with memoranda of law concerning any
anticipated evidentiary problems.
e.

Verdict Form: In jury cases the parties will submit

as an exhibit to the joint trial memorandum a proposed verdict form
suitable for submission to a jury.

The form may require the jury

to return a special verdict with special findings as permitted by
Fed. R. Civ. P. 49(a) or a general verdict with or without written
interrogatories as permitted by Fed. R. Civ. P. 49(b).

If the

parties are unable to agree as to the appropriateness of a proposed
form, the objecting party must state the basis for the objection
and provide an alternative proposal.