Bright Harvest Sweet Potato Company, Inc. v. H.J. Heinz Company, L.P.

Filing 112

ORDER Defendant shall file a response to the Motion in Limine (Dkt. 110 ) on or before 3/6/15, and Plaintiff shall file a reply brief on or before 3/9/15. Defendant may file a sur-reply to Plaintiff's First Motion in Limine (Dkt. 85 ) on or bef ore 3/6/15. On or before 3/13/15, Plaintiff shall provide Defendant with a list of the order Plaintiff intends to call its witnesses.Approximately 2 days before Defendant intends to begin its case-in-chief, Defendant shall provide Plaintiff with a list of the order Defendant intends to call its witnesses.. 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 (jp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
BRIGHT HARVEST SWEET POTATO
COMPANY INC.,
Plaintiff,

Case No. 1:13-cv-00296-BLW
ORDER

v.
H.J. HEINZ COPANY, L.P.,
Defendant.

IT IS HEREBY ORDERED,
1. Defendant shall file a response to the Motion in Limine (Dkt. 110) on or
before March 6, 2015, and Plaintiff shall file a reply brief on or before
March 9, 2015.
2. Defendant may file a sur-reply to Plaintiff’s First Motion in Limine (Dkt.
85) on or before March 6, 2015.
3. On or before March 13, 2015, Plaintiff shall provide Defendant with a list
of the order Plaintiff intends to call its witnesses.
4. Approximately 2 days before Defendant intends to begin its case-in-chief,
Defendant shall provide Plaintiff with a list of the order Defendant intends
to call its witnesses.
5. On a rolling basis, and if there are changes to the order witnesses will be
called, counsel shall provide opposing counsel with an updated order in
ORDER - 1

which witnesses will be called. This should occur approximately 36 hours
before any witness is called.
6. The Court may conduct an informal jury instruction conference on March
13, 2015. The Court will contact counsel if it intends to conduct such a
conference.
7. The Jury Commissioner will provide counsel with a copy of the juror
questionnaires approximately one week before trial.
8. Each party has provided the Court with proposed jury instructions. With
respect to Ninth Circuit Model Instruction 1.2, the Court typically tries to
provide the jury with a fairly detailed explanation of the case. Although
each party has provided the Court with a suggested instruction 1.2, the
Court asks the parties to meet and confer in an attempt to reach agreement
on this instruction. If the parties cannot reach agreement, the parties shall
submit a joint proposal indicating where the parties agree and where they
do not agree. The parties shall submit their proposal on or before Friday,
March 6, 2015.
DATED: March 3, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER - 2