Harper v. Diebold Incorporated

Filing 38

ORDER SETTING TRIAL AND PRETRIAL CONFERENCE. The parties agree that they shall notify the Court 5/13/2013, that the case has either settled or will definitely go to trial. Witness Lists, Exhibit Lists, Exhibits, Trial Briefs, and Motion in Limine due by 5/20/2013. Rule 702 Motions due by 5/8/2013. 2-Day Bench Trial set for 6/25/2013 08:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Telephonic Pretrial Conference set for 6/4/2013 11:00 AM in Boise Chambers before Judge B. Lynn Winmill. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
DARREN W. HARPER,
Plaintiff,

Case No. 1:12-cv-00031-BLW

v.
DIEBOLD INCORPORATED, a foreign
corporation,

ORDER SETTING TRIAL AND
PRETRIAL CONFERENCE

Defendant.
On April 17, 2013, the Court held a status conference for the purpose of setting a
trial date in this matter. Based on that conference, the Court issues the following order:
IT IS ORDERED that the following deadlines and procedures shall govern the
remainder of this litigation:
1.

Trial Date: A 2-day court trial shall be set for June 25 and 26, 2013, at 8:30 a.m.
in the Federal Courthouse in Boise, Idaho. Trial shall commence at 8:30 a.m. and
end at 2:30 p.m. each day, with two fifteen minute breaks. The Court has found
that this schedule typically allows the Court to hear as much testimony as a 9-5
schedule with longer breaks and a lunch hour. Hoever, if counsel feel that they
need the 9-5 schedule instead of the 8:30-2:30 schedule, they must contact Jeff
Severson immediately upon receiving this Order, and the Court will consider
changing the schedule.

2.

Pretrial Date: A telephonic pretrial conference shall be held on
June 4, 2013, at 11:00 a.m. Counsel for Plaintiff shall initiate the call. The Court

ORDER SETTING TRIAL & PRE-TRIAL CONFERENCE - 1

can be reached at [phone]. The purpose of the conference is to discuss and
resolve (1) the legal issues remaining in the case; (2) evidentiary issues; (3) trial
logistics; and (4) any other matter pertaining to the trial. Not less than twenty days
prior to the date of the pretrial conference, the parties shall communicate and reach
agreement on as many items as possible. The parties shall be prepared to discuss
with the Court those items over which counsel disagrees.
3.

Rule 702 Motions: In cases involving serious Daubert issues, the parties shall
contact Jeff Severson on or before May 8, 2013 to determine whether a hearing is
necessary.

4.

Witness Lists: The parties shall exchange witness lists on or before May 20,
2013. The witness lists shall contain the material listed in F.R.C.P.
26(a)(3)(A)&(B), and shall include a full summary, not just the subject, of the
witnesses’ expected testimony.

5.

Exhibit Lists, Exhibits, Trial Briefs and Motions in Limine: All exhibit lists, trial
briefs, and motions in limine shall be filed with the Court on or before May 20,
2013. On the same date the parties shall exchange all trial exhibits, but shall not
provide them to the Court until the day of trial. Counsel shall only provide the
Court with a set of original pre-marked exhibits. Because of the use of electronic
evidence presentation systems, it is unnecessary to provide any copies. Counsel
may wish to have available in the courtroom a copy of any exhibits which the
Court may find difficult to review through the evidence presentation system. The

ORDER SETTING TRIAL & PRE-TRIAL CONFERENCE - 2

exhibit lists shall follow the guidelines set out in Local Rule 16.3(f) to the extent it
is not inconsistent with this Order. The exhibit lists shall be prepared on form
provided by the Deputy Clerk, with sufficient copies for the Judge, the Deputy
Clerk, and the Law Clerk. Exhibit numbers 1 through 999 shall be reserved for
joint exhibits; exhibit numbers 1000 through 1999 shall be reserved for plaintiff’s
exhibits; exhibit numbers 2000 through 2999 shall be reserved for the first
defendant listed on the caption; exhibit numbers 3000 through 3999 shall be
reserved for the second defendant listed on the caption; and so on. Counsel shall
review their exhibits, determine any duplication, and jointly mark and stipulate to
the admission of those exhibits that both sides intend to offer and rely upon. The
proposed jury instructions shall follow the guidelines set out in Local Rule 51.1 to
the extent it is not inconsistent with this Order. Additionally, counsel shall
provide a clean copy of the Jury Instructions to the Court in Word or WordPerfect
format and emailed to [e-mail].
6.

Settlement/Mediation Deadline: The parties agree that they shall notify the Court
on or before May 13, 2013 that the case has either settled or will definitely go to
trial.

7.

Trial Procedures:
b.

Counsel shall exercise good faith in attempting to reach a stipulation on
undisputed facts and admission of exhibits.

ORDER SETTING TRIAL & PRE-TRIAL CONFERENCE - 3

c.

During trial, the Court will hear testimony the entire trial day between 8:30
a.m. and 2:30 p.m., except for two standard fifteen minute morning and
afternoon recesses.

d.

Counsel shall have enough witnesses ready to ensure a full day of
testimony. If witnesses are unavoidable delayed, counsel shall promptly
notify the court and opposing counsel.

e.

When counsel announce the name of a witness called to testify, the Court or
the clerk will summon the witness forward to be sworn, the clerk will
administer the oath and, after the witness is seated, ask the witness to state
her or his name and spell her or his last name for the record. I will then
indicate to counsel that she or he may inquire of the witness.

f.

Your clients and your witnesses should be instructed that they should
always refer to you and opposing counsel by last names.

j.

To ensure that trial proceeds as scheduled, I will divide the parties’ time
and hold counsel to that time by keeping them “on the clock.” This process
will be discussed in more detail at the Pre-Trial Conference.
DATED: April 26, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER SETTING TRIAL & PRE-TRIAL CONFERENCE - 4