Nu-West Mining, Inc. et al v. USA

Filing 104

TRIAL SETTING ORDER. Bench Trial set for 1/23/2012 01:30 PM in Pocatello - District Courtroom before Judge B. Lynn Winmill. Telephonic Pretrial Conference set for 1/9/2012 04:00 PM in Boise Chambers before Judge B. Lynn Winmill. Parties shall conta ct Dave Metclak by 9/30/2011 regarding any serious Daubert issues. The Parties shall notify the Court by 12/12/2011, that the case has either settled or will definitely go to trial. 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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

NU-WEST MINING INC., NU-WEST
INDUSTRIES, INC.,
Plaintiffs,

NO. 4:CV-09-431-BLW
TRIAL SETTING ORDER

v.
UNITED STATES OF AMERICA,
Defendant.

On July 7, 2011, the Court’s staff 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:
NOW THEREFORE IT IS HEREBY ORDERED that the following
deadlines and procedures shall govern the remainder of this litigation:
1.
Trial Date: A 15-day court trial (without a jury) shall be set for January
23, 2012, at 1:30 p.m. (MST) in the Federal Courthouse in Pocatello,
Idaho. Beginning on day two, trial shall begin at 8:30 a.m. and end at 2:30
p.m., with two fifteen minute breaks.
2.
Pretrial Date: A telephonic pretrial conference shall be held on January 9,
2012, at 4:00 p.m. (MST) Counsel for Plaintiff shall initiate the call. The
Court 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 involving
challenges to expert witnesses, the parties shall contact Law Clerk Dave
Metcalf on or before September 30, 2011, to determine whether a hearing
Order Setting Trial and Pretrial Conference - 1

4.

5.

6.

7.

is necessary.
Witness Lists: The parties shall exchange witness lists on or before
January 9, 2012. 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.
Exhibit Lists, Exhibits, Trial Briefs and Motions in Limine: All exhibit lists,
proposed voir dire, proposed jury instructions, trial briefs, and motions in
limine shall be filed with the Court on or before January 9, 2012. 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 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 Perfect format and emailed to [e-mail].
Settlement/Mediation Deadline: The parties shall notify the Court on or
before December 12, 2011, that the case has either settled or will definitely
go to trial.
Trial Procedures:
a.
Counsel shall exercise good faith in attempting to reach a stipulation
on undisputed facts and admission of exhibits.
b.
Trial will be conducted between 8:30 a.m. and 2:30 p.m., except for
two standard fifteen minute morning and afternoon recesses.
c.
Counsel shall have enough witnesses ready to ensure a full day of

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d.

e.

f.

testimony. If witnesses are unavoidable delayed, counsel shall
promptly notify the court and opposing counsel.
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.
Please do not address parties or witnesses (including your own) by her
or his first name unless such familiarity is clearly appropriate, and is
not likely to be offensive to the witness. In case of doubt, don’t.
Your clients and your witnesses should be instructed that they should
always refer to you and opposing counsel by last names.
DATED: July 7, 2011

B. LYNN WINMILL
Chief Judge
United States District Court

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