Atlantic Waste Services, Inc. v. Mack Trucks, Inc.

Filing 32

ORDER and Notice of Pretrial Proceedings, (Pretrial Order due by 7/21/2017). Signed by Judge William T. Moore, Jr on 6/21/17. (wwp)

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IN THE LTNITED
STATESDISTRICT COURT FOR THE
SOUTHERNDISTRICT
OFGEORGIA'nr1.ltj:: pii Z:?B
Zr
SAVANNAH DIVISION
ATLANTIC WASTESERVICES,
INC.

) CASENUMBER CV

A1A "rl1

)

MACK TRUCKS,INC,

AND NOTTCE
OF
) ORDER
PROCEEDINGS
) PRETRIAL

IT IS ORDERED that lead counsel for the parties in the captionedcase are
instructedto meet and confer, in person,and to prepareand file with the Clerk of this
proposed
prehial order.The proposed
pretrialorder shall be
Court a joint consolidated
filed by the closeof business
on

Friday,July 21,2017

. Counselfor

the plaintif(s) shall have the responsibilityto initiate complianceherewith.The form of
the proposedpretrial order shall be in accord with the attachedinstructions. party's
A
failure to comply with the requirements
of
hereofmay result in dismissal the complaintor
answer or in other sanctionsdeterminedappropriateby the Court. The Court will not
pretrial order prepared
acceptfor filing any proposed
only from telephone
conversations.
pretrial order shall include a paragraph
The proposed
statingthe date and locationof the
meeting,the durationof the meeting,and the namesof all counselor partiesparticipating.
If any party in this caseis not represented counsel,such party shall be obligatedto
by
comply with the requirements
hereofin the samemanneras counsel.

IT IS FURTHER ORDERED that this casewill be scheduled the Clerk for a
by
pretrial conference.At the time of th$ pretrial conference,the Court will approve,

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of
disapprove,or direct amendment the proposedpretrial order. Lead counselfor each
pafiy shall attendthe pretrialconference.
thereto,which have
All evidentiaryobjectionsand motionsin limine, and responses
shall be submittedin writing at least
not been resolvedprior to the pretrial conference
Five(S) daysprior to the scheduled
pretrial conference.

(p1gpqDgdjgt{lD will not be
pretrial order which axenot consolidated
Proposed
for
of
accepted filing without the wriften permission the Court.

ORDER ENTERED at
June

Savannah

Georgi4 this

2/{

day of

2017

DISTRICTruDGE
STANDARDI}{STRUCTIONSF'OR
CONSOLIDATEDPRETRIAL ORDERSIN
THE SOUTHERNDISTRICT OF GEORGIA
[THIS DOCUMENTAND ASSOCIATEDFORMSMAY BE FOUND
WITHIN THE COURT'SWEBSITEAT www.gas.uscourts.sov.l
pretrial
numbered
serially below:
ordershallcover followingsubjects,
the
as
Theproposed
(NOTE:IN PREPARING
PRETRIAL
EACH
TT{EPROPOSED
ORDER.
REPRODUCE
NUMBERED ITEM AS A PREFACETO THE MATERIAL SUBMITTED SETTING FORTH THE
OR
DO NOT USE APPENDICES
MATER]AL SUBM]T'TEDIMMEDIATELY THEREAFTER.
BY
AUTHORIZED THE COURTOR CALLED
ATTACHMENTS
EXCEPT
WHERESPECIFICALLY
FORHEREIN)
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and
l.
Counselareto discuss agreeon everypossiblefactualstipulation.The
proposed
to
stipulations
mustbe reduced writing, signedandfiled with the consolidated
pretrial order as ATTACHMENT "A" hereto.Stipulations can spare witness testimony,
trial time, and expense.If a party feels the other side is in bad faith refusing to
stipulate,they shall set forth "proposedstipulations"on ATTACHMENT "A'" Costs
of proving what, at trial, was never really disputed and what should have been
stipulated,may be taxed againstthe offendingparty and attorney.Thosecostsmay
includewitnessfeesand additionalattorneypreparationtime costs.
prehial order,the partiesmay, but
As ATTACHMENT "8" to the proposed
2.
which they desirethe Court to propoundto jurors
are not requiredto, submit questions
concerning their legal qualifications to serve and any other questions they wish
to
voir dire
propounded informationpurposes. the partieschoose submitgeneral
for
If
jointly asone attachment separately
or
questions
hereunder,
they may submitthe questions
asATTACHMENTS"B-l' and"B-2".'
Statethe namesof all parties,firms and attomeysto be usedin qualiSing the
3.
jury. Statethe name of any insurancecompanyinvolved, and whether it is a stock or
of
who aremembers any firm involved
of
mutualcompany.Statethe names all counsel
counsel
may be requiredto disclose
fee
on a contingent basis.At the pretrial conference,
policy limits and detailsof any insurance
coverage.
4.
Identi$,,thebasisuponwhich thejurisdiction of this Court is basedandany
questions
to
relating itsjurisdiction.
Any
5.
List any motionsor other mattersin the casewhich remain unresolved.
party.
shallbe deemed
withdrawnby the moving
motion not so enumerated
pursuantto the Local Rules.The dateof the
All discoveryis to be completed
6.
completionof any untranscribed
and
conclusion the discoveryprocess the expected
of
deposition
shallbe stated.
case(s)are
7.
State whether the names of the parties in the above-captioned
completeandcorrectandwhetherthereis any questionof misjoinderor non-joinder.

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information(name,address,
spouse's
The Cout will requirethat eachjuror standandgive personalbackground
employment,
rteednot be included.The Court will propoundquestions
conceminglegal qualifications.
employment,
etc.)and suchquestions

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8.

ff(s)' case.
Outlineof plainti

NOTE:

SHOULD PAY PARTICULAR ATTENTION TO
PLAINTTFF(S)
THIS PARAGRAPH.AT THE TRIAL, IT WILL BE USED BY
THE COURT IN DIR.ECTINGTHE CASEAND INSTRUCTING
THE JURY.

factualandnarrativestatement
ofthe
Plaintiff(s) shallfurnish a short,succinct,
cause of action. This statementshould not be argumentativeand should not recite
In
evidence. no eventshallthe statement morethan onepage.
be
9.

case.
Outlineofdefendant(s)'

NOTE:

DEFENDANT(S) SHOULD PAY PARTICULAR ATTENTION
TO THIS PARAGRAPH. AT THE TRIAL, IT WILL BE USED
BY THE COURT IN DIRECTING THE CASE A}{D
INSTRUCTING THE JURY.

Defendant(s)
shall:
(a) Furnish a short, succinct. factual and narrative statementas to all
and
defenses(general and special).This statementshould not be argumentative
be
shouldnot reciteevidence. no eventshallthe statement morethan onepage.
In
(b) In ali actions involving a counterclaim,cross-claimo third-party
or
should summarize matter,using the outline requiredas to
the
action, defendant(s)
the main claim.
10. In all cases whichviolationofthe UnitedStates
in
Constitution a federal
or
or
statestatuteor regulationis alleged,the parfy making such claim shall specificallystate
the constitutionalprovision and/or statuteallegedly violated and the specific facts on
which such allegedviolation is based.The party shall detail the damageor relief sought
pursuant suchclaim andrecitesupporting
to
authority.
11. In tort cases, parry bearinga burdenofproofshall list eachand every
any
actof negligence intentionaltort reliedupon.
or
(a)Undera separate
stateall relevantstatutes,
heading,
rules,regulations
and
ordinances
allegedlyviolated.Also, reciteany supporting
authority.

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(b) List all itemsof damages
claimedor non-monetary
relief sought.
(c) In all cases
injuriesor death,furnish
involving allegedpermanent
as
a full statement to the age,alleggdlife expectancy
and/orprobabledurationof
the injuries,andearnings,
to
incometax records otherrecords proveearnings.
or
10
12. In contractcases any otheractionnot addressed paragraphs or 11,
or
in
ofcontract
any party havinga burdenofproofshall outlinethe particularallegedbreach
ofaction, enumerate applicable
involved,and
or the basisof any othercause
any
statute
or
supporting
authority.
detailthe damages reliefsoughtandreciteappropriate
13. Ifthere is any disputeasto agency,
ofthe partieswith
statethe contentions
respecl agency.
to
14. Statewho hasthe burdenofproof(including any affirmativedefenses
or
who hasthe openingandclosingarguments thejury.
to
specialissues)
and
15. Underthis paragraph,
both plaintiff(s) anddefendant(s)
shouldseparately
list the witnesses
at
whom eachwill havepresent the trial andthosewhom eachmay have
present the lrial. Witnesses
intended be usedsolely for impeachment
to
shallbe listed;
at
however,if a party hasa genuine
reason not listing anddisclosingan impeachment
for
witness,suchparfy may address Court exparte andseeka ruling asto whether
the
that
disclosure
may be properlywithheld.A representation a par'lywill havea witness
present
party unless
may be relied on by the opposing
noticeto the contraryis given in
suffrcient time prior to trial to allow the opposingparty to subpoena witness ot obtain
the
pretrialorderis filed, the
his testimony. a witnessis not listedwhenthe proposed
If
Court will not allow the additionof a witnessby any party,EXCEPT for providentialor
othergood cause
shownto the Court by application amendment this Order.
for
to
NOTE:

COUNSEL MUST SUBMIT TO THE COURTROOM DEPUTY
CLERK THREE COPIES OF THE TYPED WITNESS LIST AT
THE PRETRIAL CONFERENCE.

16. All documents
and physical evidence
at
that may be tendered the hial shall
be exhibited to and initialed by opposingparties prior to the pretrial conference.
All
evidence
shall be markedby the partiesprior to the pretrial conference, the partiesare
and
encouraged submit a .ioint exhibit list on a form suppliedb).,the Clerk. If separate
to
exhibit lists are submifted,
they shallbe submifted the forms supplied.
on
Duplications
of exhibitsshouldbe avoidedto the extentpraclicable.
Exhibit lists shouldbe submitted
pretrialconference. materialthereinshallbe identifiedas follows:
to the Court at the
The

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(a) A list of documents physicalevidence
and
submitted joint exhibits.
as
(b) Wheresepa.rate are being submitted, list of documents physical
and
a
lists
plaintiff(s). Copies of such exhibits shall be
evidenceto be introducedby the
providedto counselfor eachotherparty.
thereforshall be statedin writing and be filed five (5) days
Objectionsand reasons
prior to the time of the pretrial conference.
Items not objectedto will be admitted
at
whentendered trial.
(c) Whereseparate
a
and
lists arebeing submitted, list of documents physical
of such exhibits shall be
Copies
evidenceto be introducedby the defendant(s).
providedto counsel eachotherparty.
for
thereforshall be statedin writing and be filed five (5) days
Objectionsand reasons
prior to the time of the pretrial conference.
Items not objectedto will be admitted
at
whentendered hial.
(d) Any documentor other physical evidencelisted by any pady and not
objected to, or to which objections have been overruled, may be received in
evidence offer by any otherparty, in the eventthe listing parfy doesnot actually
on
offer it into evidence.
(e) The foregoing shall not be deemedor construed expandor limit the
to
generally.
rulesrelatingto the admissibilityof evidence

NOTE:

COUNSEL MUST SUBMIT TO THE COURTROOM DEPUTY
CLERK THREE COPIES OF THE TYPIED WITNESS LIST AT
THD PRETRIAL CONFERDNCE. All exhibits shall be crossinitialed by the attorneysfor the parties and properly tagged as
required by the Local Rules of this District. This cross-initialing
procedureshall be completedwhen counselmeet to confer on the
preparationof the pretrial order.

17. List all witnesses
whosetestimonyby depositionwill or may be offered by
each party and the specific depositionpagesand lines to be offered. All objectionsby

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partiesto any portionsof the deposition(s)
shall be set forth with specific
opposing
therefor.
to
reference theporfionofthe testimony
to
objected andthebasis
(a)Prior to trial, counselshall confer to eliminateall extraneous,
redundant,
counsel in the deposition
matter, lapses,and colloquy between
and unnecessary
testimony
to
Counsel
shall alsoattemptto resolveall objections deposition
excerpts.
to be offered.
(b) The parties shall, if practicable,
conform depositionexhibit numbersin
of
and
trial questions testimonyto the numbers trial exhibits.
provide a memorandum authoritiesas to any
of
18. Each party shall separately
questionsof law likely to arise at the trial, including the merits of plaintiff(s)' claim,
asserted,
mattersofevidence,etc.
defenses
19. Plaintiff(s)'counselestimates
counselestimates
case;defendant(s)'

20.

Plaintif(s)
Defendant(s)

(days)(hours)to present
plaintiff(s)'
(days)(hours)to present defense.
the

hasnot offeredto settle.
hasnot offeredto settle.
has

has

It appears this time that thereis
at
of
_ A goodpossibility settlement.
possibility settlement.
of
_ Some
_ No possibilityof settlement.
The parties
settlement,

do

do not wish to confer with the Court regarding

which shouldbe covered pretrial order,including
21. Stateany othermatters
by
rulings desired the Court prior to trial.
of
ofliability anddamages
22. Statewhetheror not the issues
shouldbe tried
(bifurcated)
separately
andgive any othersuggestion
toward shortening trial. Where
the
is opposed any party,suchparty shallstatethe reasons suchopposition.
bifurcation
by
for
whereeitherparty requests
23. In cases
bifurcationofissuesor a special
verdict,submita copy of the proposed
verdict asPLAINTIFF'S ATTACHMENT "C"
andlorDEFENDANT'S ATTACIMENT "C" hereto.
and
Lead counselareto discuss
agreeon suchspecialverdictwherepossible.
is
Whereagreement not reached,
statethe
basisfor any objections the specialveldict request.
to

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24. In non-jury cases, partiesshall eachfile their proposedfindings offact,
the
summary of depositions,and conclusionsof law not later than one week prior to the
assigned
trial date.
pretrial ordershall be signedby counselfor eachparty and
25. The final proposed
as
shall containa final paragraph, follows:
IT IS HEREBY ORDERED that the foregoing constitutesa PRETRIAL
that it supersedes pleadingswhich are
the
ORDER in the abovecase(s),
hereby amendedto conform hereto and that this PRETRIAL ORDER
exceptby ORDER OF THE COURT.
shall not be amended

This

of, 20

day

DISTRICT
JUDGE
UNITED STATES

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