Digital Ally, Inc. v. Dragoneye Technology, LLC

Filing 170

MEMORANDUM AND ORDER - See Order for Details. Signed by District Judge Carlos Murguia on 07/06/2015. (sv)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

DIGITAL ALLY, INC.,
Plaintiff,
v.
DRAGONEYE TECHNOLOGY, LLC,
Defendant.
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Case No. 13-2290-CM

MEMORANDUM AND ORDER
The above-listed case is set for trial on the court’s trial docket beginning September 14, 2015
at 9:00 a.m. in Courtroom #463. The court sets the following deadlines in regard to the upcoming
trial, which will supersede any prior deadlines set forth in the pretrial order (Doc. #115):
a.

The parties’ final witness and exhibit disclosures pursuant to Fed. R. Civ. P. 26(a)(3)(A)

shall be filed no later than August 17, 2015. With regard to each witness disclosed under Fed. R. Civ.
P. 26(a)(3)(A)(I), the disclosures also shall set forth the subject matter of the expected testimony and a
brief synopsis of the substance of the facts to which the witness is expected to testify. Witnesses
expected to testify as experts shall be so designated. Witnesses and exhibits disclosed by one party
may be called or offered by any other party. Witnesses and exhibits not so disclosed and exchanged as
required by the court’s order shall not be permitted to testify or be received in evidence, respectively,
except by agreement of counsel or upon order of the court. The parties shall file any objections under
Fed. R. Civ. P. 26(a)(3)(B) no later than August 31, 2015. The court shall deem waived any objection
not timely asserted, unless excused by the court for good cause shown.
b.

Consistent with Fed. R. Civ. P. 26(a)(3)(A)(ii), any deposition testimony sought to be

offered by a party other than to impeach a testifying witness shall be designated by page and line in a
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pleading no later than August 31, 2015. Any counter-designations in accordance with Fed. R. Civ. P.
32(a)(6), together with any objections to designations made by the offering party, shall be filed no later
than September 4, 2015. Any objections to the counter-designations shall be filed no later than
September 8, 2015. The court will not entertain any objections to deposition testimony unless and
until the parties have attempted in good faith to resolve the dispute among themselves either in person
or via telephone conference. Where the court must resolve disputes concerning presentation of
deposition testimony at trial, the party seeking to offer the deposition testimony shall deliver a copy of
the deposition at issue to the trial judge no later September 10, 2015. On this copy, those portions of
any deposition which is intended to be presented at trial other than for impeachment on cross
examination shall be marked by brackets in the margins with different colored highlighting. Red
highlighting shall be used to identify the testimony that plaintiff has designated, blue highlighting shall
be used by defendant and green highlighting shall be used to identify the objections to any designated
testimony. The plaintiff shall write his objections and responses to defendant’s objections in the
margins of the transcript in black ink, the defendant shall write its objections and responses to
plaintiff’s objections in the margins in blue ink.
c.

Motions in limine shall be filed by September 2, 2015 and responses thereto shall be

filed on or before September 4, 2015. Any replies shall be filed by September 8, 2015. The court
will notify the parties of when a limine conference will be held as the trial date approaches.
d.

The parties shall submit proposed findings of fact and conclusions of law no later than

September 9, 2015. The proposed findings of fact should be concise and limited to those facts that are
relevant and material to the ultimate proposed conclusions of law.
IT IS SO ORDERED.
Dated this 6th day of July, 2015, at Kansas City, Kansas.
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s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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