DESERET MANAGEMENT CORPORATION v. USA

Filing 86

TRIAL MANAGEMENT ORDER: On or before January 31, 2012, plaintiff shall file with the court copies of any communications and responses to discovery requests made to defendant regarding Mary Beth Garber. On or before January 3 1, 2012, defendant shall file the deposition of Ms. Garber. On or before February 16, 2012, the parties shall file a joint stipulation of undisputed facts. On or before February 16, 2012, the parties shall supply two pre-marked copies of the hard cop y exhibits they intend to offer in this case, and four CD-ROM sets containing pre-marked copies of electronic exhibits. Trial set for 2/23/2012 at 2:00 PM (EST) in National Courts Building before Judge Francis M. Allegra. Signed by Judge Francis M. Allegra. (si) Copy to parties.

In The United States Court of Federal Claims
No. 09-273T
(Filed: January 30, 2012)
__________
DESERET MANAGEMENT CORPORATION,
Plaintiff,
v.
THE UNITED STATES,
Defendant.
__________
ORDER
__________
On January 27, 2012, the court conducted a pre-trial conference in this case.
Participating in this conference were Mr. Eric Olson, for plaintiff, and Ms. Karen Groen, for
defendant. For the reasons discussed at this conference, the court hereby orders the following:
1.

On January 6, 2012, defendant filed its objections to three of plaintiff’s
witnesses: Chris Ackerman, Mary Beth Garber, and Geoff Price. At the
pre-trial conference, the court permitted Chris Ackerman and Geoff Price
to testify and overruled defendant’s objections. The court continues to
consider defendant’s objection to Mary Beth Garber.

2.

On or before January 31, 2012, plaintiff shall file with the court copies of
any communications and responses to discovery requests made to
defendant regarding Mary Beth Garber.

3.

On or before January 31, 2012, defendant shall file the deposition of Ms.
Garber.

4.

Today, the court granted defendant’s motion for authorization of service
of subpoenas more than one hundred miles away from the place of trial.
During the pre-trial conference, the parties indicated a willingness to reach
an agreement for the three witnesses upon whom defendant sought to

serve subpoenas. The parties are encouraged to reach an agreement to
preclude these witnesses from traveling unnecessarily. As discussed in the
conference, the court would be amenable to a stipulation of fact, a short
excerpt from a deposition, or videoconference testimony.
5.

On or before February 16, 2012, the parties shall file a joint stipulation of
undisputed facts. The court expects that stipulation to be as extensive as
possible. Failure to file a sufficiently comprehensive stipulation will
result in an order requiring the parties to refile a revised stipulation that
comports with the court’s expectations.

6.

Trial in this case will commence at 2:00 p.m. (EST) on Thursday,
February 23, 2012, at the United States Court of Federal Claims, 717
Madison Place, Washington, DC 20005. The courtroom location will be
posted in the lobby on the day of trial. Each subsequent day of trial will
begin at 9:30 a.m. (EST), unless otherwise ordered.

7.

Pursuant to 28 U.S.C. § 2503(b), all proceedings will be in accordance
with the Rules of the Court of Federal Claims and the Federal Rules of
Evidence. Parties should expect to object to and defend proffered
evidence with reference to specific rules.

8.

Regarding exhibits:
a.

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.

b.

On or before February 16, 2012, 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

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necessary, provide a licensed copy of such software to the
court for its use during the pendency of this case.
c.

9.

The parties shall avoid submitting to the court duplicate
copies of exhibits and shall endeavor to assure that their
exhibits are consecutively numbered, with no numbers
omitted.

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
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).

10.

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

11.

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

12.

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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