JICARILLA v. USA

Filing 353

TRIAL MANAGEMENT ORDER: Trial in this case will commence at 10:00 a.m. (EST) on Tuesday, November 8, 2011, at the United States Court of Federal Claims, National Courts Building, 717 Madison Place, N.W., Washington D.C. 20005. The courtroom location will be posted in the lobby on the day of the conference. Each subsequent day of trial will begin at 9:30 a.m. (EST), unless otherwise ordered before Judge Francis M. Allegra. Signed by Judge Francis M. Allegra. (si) Copy to parties.

In The United States Court of Federal Claims
No. 02-25L
(Filed: October 31, 2011)
__________
JICARILLA APACHE NATION, formerly
JICARILLA APACHE TRIBE,
Plaintiff,
v.
THE UNITED STATES,
Defendant.
_________
ORDER
_________
Today, the court conducted a pre-trial conference in this case. Participating in this
conference were Mr. Steven Gordon, for plaintiff, and Mr. Stephen Terrell, for defendant. For
the reasons discussed at this conference, the court hereby orders the following:
1.

Trial in this case will commence at 10:00 a.m. (EST) on Tuesday,
November 8, 2011, at the United States Court of Federal Claims, National
Courts Building, 717 Madison Place, N.W., Washington D.C. 20005. The
courtroom location will be posted in the lobby on the day of the
conference. Each subsequent day of trial will begin at 9:30 a.m. (EST),
unless otherwise ordered.

2.

During the pre-trial conference, the parties indicated that they had
tentatively agreed that one witness, Sue Lara, would testify by
videoconference. The parties, however, were not in agreement as to how
this videoconference would transpire. Accordingly, on or before
November 4, 2011, defendant shall file a notification as to whether these
difficulties have been worked out or that Ms. Lara will testify in person.

3.

The parties sought leave to file the deposition testimony of James
Middleton and Robert Winter in lieu of live testimony, pursuant to RCFC
32(a)(3). They will be permitted to do so. Pursuant to this court’s order
of October 31, 2011, the parties may also file the deposition testimony of

another witness, Gabriel Abeyta, in lieu of live testimony. The parties are
instructed to highlight or otherwise identify the portions of each deposition
designated by it for admission into evidence.
4.

The parties shall each have twenty minutes for opening statements.
Plaintiff will go first, then defendant.

5.

Regarding exhibits:
a.

b.

6.

At the outset of trial, it is the court’s intent to admit en
masse any exhibits to which there are no objections. At
that time, the court will rule on any objections to exhibits
that do not require live testimony. Objections to exhibits
that require live testimony will be considered at the
appropriate time. The parties shall consult with each other
to avoid introducing duplicate exhibits.
On or before November 4, 2011, the parties shall supply
two pre-marked copies of the hard copy exhibits they
intend to offer in this case, and four CD-ROM sets
containing pre-marked copies of electronic exhibits. All
documents on the CD-ROM sets shall be bates-stamped or
otherwise electronically marked to allow for ready
identification of individual pages. The hard copies shall be
in binders, with tabbed dividers between each individual
exhibit—the spines of the binders shall indicate the exhibits
contained therein in large-faced type. The parties shall
ensure that, prior to trial, the court has the software needed
to view the exhibits on the CD-ROMs and shall, if
necessary, provide a licensed copy of such software to the
court for its use during the pendency of this case.

Regarding witnesses:
a.

The parties shall coordinate regarding the order of witness
presentations, particularly in the calling of common
witnesses.

b.

Each party shall notify the other as soon as possible if a
determination is made not to call someone on its witness
list.

c.

Based on the anticipated schedule, the parties are hereby
instructed to have adequate witnesses available and
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prepared to testify on each day of trial, so as to ensure that
each day of the trial proceedings is fully utilized.
d.

Counsel are reminded of the court’s expectation that the
direct examination of witnesses shall be crisp and shall not
unduly elicit information already in the record (e.g.,
stipulated matters).

7.

The court may require post-trial briefing in this case. The schedule for
such briefing will be established at the conclusion of trial.

8.

Closing argument will be held on a date to be established.

9.

Counsel are reminded of the court’s expectation that they will attempt to
resolve as many matters as possible through cooperation.

IT IS SO ORDERED.

s/Francis M. Allegra
Francis M. Allegra
Judge

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