Landry-Bell v. Various Inc et al

Filing 49

Landry-Bell v. Various Inc et al

Doc. 49

Case 5:05-cv-01526-TS-MLH

Document 49

Filed 07/30/2007

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U N I T E D STATES DISTRICT COURT W E S T ER N DISTRICT OF LOUISIANA S H R E V EP O R T DIVISION S H E L L Y LANDRY-BELL versus V A R IO U S , INC., ET AL C I V I L ACTION NO. 05-1526 J U D G E STAGG M A G I S T R A T E JUDGE HORNSBY S C H E D U L I N G ORDER At the July 30, 2007 Scheduling Conference,1 the following dates 2 were set on the docket of J u d g e Stagg: J U R Y TRIAL: P R E T R IA L CONFERENCE: A u g us t 18, 2008 at 9:30 a.m. J u l y 18, 2008 at 10:30 a.m. (Out-of-town counsel may pa r t i c i pa t e by telephone upon prior approval of Ju dg e Stagg.)

DE AD LIN ES: CLOSED

FOR: 1. J O IN D E R OF PARTIES AND AMENDMENT OF P L E A DI N G S ( a ) PLAINTIFF'S EXPERT INFO/REPORTS. (b) WITNESS LISTS

D e c e m b e r 14, 2007

2.

Immediately upon receipt

3.

F U R N I SH I N G COPIES OF REPORTS OF TREATING P H Y S IC I AN S OR OTHER RELEVANT INFORMATION.

Mr. Ira Rothken, lead counsel for Defendant Various, Inc. failed to appear (by telephone) for the conference. However, Various was represented by Mr. Bennett Politz, local counsel for Various. The court's staff attempted to contact Mr. Rothken by telephone, and left several messages for him, but was unable to reach him. Because local counsel appeared, sanctions will not be imposed in this instance. However, Mr. Rothken will be bound by all dates set in this order.
1

If a deadline falls on a Saturday, Sunday or federal holiday, the effective date is the first business day following the deadline imposed.
2

Dockets.Justia.com

Case 5:05-cv-01526-TS-MLH J a n u a r y 31, 2008 4. (a) (b) (c) F e b r u a r y 29, 2008 J u n e 18, 2008 5. 6.

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D E F E N D A N T ' S EXPERT INFOR/REPORTS. D I S P O S I T I V E MOTIONS.

E X P E R T DEPOSITIONS. PL A IN TI FF 'S COUNSEL TO HOST CONFERENCE TO P R E P A R E PRETRIAL ORDER. * ( a) MOTIONS IN LIMINE * ( b ) EXCHANGE OF EXHIBITS

J u l y 03, 2008

7.

J u l y 08, 2008 J u l y 28, 2008 A u g u s t 08, 2008

8. 9. 1 0 .*

* PRETRIAL ORDER T R IA L DEPOSITIONS (EXPERTS AND LAY WITNESSES). ( a ) (NON-JURY TRIALS) TRIAL BRIEF OR PROPO S E D F IN D IN G S OF FACT AND CONCLUSIONS OF LAW. ( b ) (JURY TRIALS) JOINT JURY INSTRUCTIONS AND INTERROG ATORIES. (c) EDITING OF TRIAL DEPOSITIONS/FILING OBJECTIONS. (d) EXHIBIT NUMBERING.

*

*

The attached instructions, in numbered paragraphs corresponding to each deadline, shall govern t h e manner of compliance with the deadlines. These deadlines shall not be modified except upon l e a v e of court after written motion specifying good cause. The filing of a motion for extension or c o n t i n u an c e shall not excuse non-compliance with a deadline unless and until the motion is granted. THUS DONE AND SIGNED at Shreveport, Louisiana, this 30th day of July, 2007.

00:30

* Contains a requirement that a COPY OF AN ITEM BE DELIVERED TO THE TRIAL JUDGE'S CHAMBERS.

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INSTRUCTIONS P A R A G RA P H 1 D E A D L IN E (CLOSED) J o i n d e r of Parties and Amendment of Pleadings. Motions to join additional parties which require leave of court and motions to amend pleadings must be filed on or before the deadline date. All discovery necessary for the joinder of parties or amendments to pleadings must be completed in time to allow compliance with this deadline. Requests for extension of this deadline will require a showing of good cause.

P A R A G RA P H 2 D E A D L I N E (December 14, 2007) (a ) Plaintiff's Expert Information and Reports. (1) On or before the deadline, the plaintiff shall disclose to every other party any evidence t h a t the plaintiff may present at trial under Rules 702, 703, or 705 of the Federal Rules of E v i d e n c e . Except for treating physicians3 , this disclosure shall be in compliance with Rule 26(a)(2)(B ) (except for the listing of prior depositions). (2) Unless the parties mutually agree to an earlier date and time, expert witnesses shall be a v a i la b l e for deposition during the two-week period following the discovery cutoff. ( 3 ) A witness whose report was not timely provided will not be allowed to testify as an e x p e r t at trial over objection absent a showing of good cause. ( 4 ) If any new testing is done by the expert, or any additional conclusions or other change in the expert's opinion (or its basis) occurs, the offering attorney must notify all counsel within 48 hours. ( b ) Witness lists. Plaintiff must deliver to defendant by the deadline a list (including name, a d d r e s s e s , and a brief statement of the nature of their expected testimony) of all witnesses who may b e called at the trial of the case. Defendant must reciprocate 5 business days after the deadline, b u t defendant's expert witnesses need not be listed, as long as reports are provided by the deadline b e l o w . Counsel shall not file the witness list with the clerk's office.

3

See Paragraph 3 regarding treating physicians. The term "physicians" shall include all health care

prov iders.

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P A R A G RA P H 3 D E A D L IN E (Immediately upon receipt) Rep orts of Treating Physicians and Other Relevant Information. A party who receives a report of a treating physician shall provide a copy to all other parties immediately upon receipt. T h e attorneys shall keep the opposing side currently apprised of the medical condition of the plaintiff (or of any other party whose physical or mental condition is placed into dispute).

P A R A G RA P H 4 D E A D L I N E (January 31, 2008) ( a ) Discovery. All discovery must be completed on or before the deadline, with the exception of expert depositions and trial depositions (see Paragraphs 5 and 8). This requires, for example, that i n t e rr o g a t o ri e s be propounded more than thirty days before the discovery cutoff, to allow the full t h i r ty days for response. Untimely discovery requests are subject to objection on that basis. M o t i o n s related to discovery, including motions to compel, shall be filed on or before the discovery cuto ff. (b) Defendant's Expert Information and Reports. On or before the deadline, the defendant sh all comply with the requirements of Paragraphs 2(a). ( c ) Dispositive Motions. Any motion under Rules 12(b), 12(c), 41(b) or 56, or which otherwise w o u l d dispose of a claim or defense of a party, must be filed on or before this deadline.

P A R A G RA P H 5 D E A D L I N E (February 29, 2008) Expert Depositions. Discovery depositions of expert witnesses (whether medical or non-medical) m a y be taken after the discovery deadline set forth in Paragraph 4(a), but no later than the deadline set forth in this paragraph absent a showing of good cause.

PARAGRAPH 6 D E A D L I N E (June 18, 2008) C o n f e r e n c e to Prepare Pretrial Orders. Trial counsel shall confer on or before the deadline to prepare a proposed pretrial order in accordance with the attached form. Counsel for plaintiff shall s e r v e upon counsel for all other parties the proposed contents of the pretrial order, including a list 4

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o f exhibits, and shall be responsible for scheduling the meeting at a mutually convenient date and t i m e , and other counsel shall promptly provide their portions of the pretrial order and cooperate fully and assist in efforts to schedule the conference. The court prefers that such conference occur in person, but should a face-to-face conference not be feasible or practical, counsel may confer by t e l ep h o n e . In no instance shall such conference be only by exchange of documents by mail or o t h e r w i se .

P A R A G RA P H 7 D E A D L I N E (July 03, 2008) ( a ) Motions in Limine. On or before the deadline, motions in limine shall be filed with the Clerk o f Court and any opposition must be filed at least 5 business days before the pretrial conference. A COPY SHALL BE DELIVERED TO THE TRIAL JUDGE'S CHAM B E R S . ( b ) Exchange of Exhibits. On or before the deadline, the parties shall exchange exhibits, or c o p i e s thereof. All exhibits must be exchanged in a bench book, a complete copy of which must be d e l i v e re d to the trial judge at the time of the exhibit exchange. PARAGRAPH 8 D E A D L I N E (July 08, 2008) P r e t r i a l Order. On or before the deadline, plaintiff's counsel shall file with the Clerk of Court a proposed pretrial order in accordance with the attached form and/or instructions. The proposed p r e t ri a l order shall be signed by all trial counsel and TWO COPIES SHALL BE DELIVERED T O THE TRIAL JUDGE'S CHAMBERS.

PARAGRAPH 9 D E A D L I N E (July 28, 2008) T r i a l Depositions. Depositions to be introduced at trial, whether of experts or lay witnesses, may b e taken after the discovery deadline, but no later than the deadline indicated absent a showing of goo d cause, provided reasonable notice of such depositions is given to all parties. All depositions that are intended to be presented to a jury in lieu of live testimony shall be t a k e n by videotape. This requirement does not apply to depositions to be used solely for impe achm ent, and may be waived by the Court upon motion showing undue hardship. The editing requ ireme nt of Paragraph 10(c) applies to videotapes as well.

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P A R A G R A P H 10 D E A D L I N E (August 08, 2008) ( a ) Trial Briefs in Non-Jury cases. On or before the deadline, each party in a non-jury case shall D E L I V E R TO THE TRIAL JUDGE'S CHAMBERS proposed findings of fact and conclusions o f law outlining the facts the party expects to prove and citing the legal authorities relied upon, t o g e t h er with a summary of the testimony of each witness. This document need not be filed nor e x c h a n g e d with opposing counsel, but will be subject to the provisions of Rule 11. ( b ) Joint Jury Instructions/Interrogatories. On or before the deadline, the parties in a jury case shall file with the Clerk of Court AND DELIVER A COPY TO THE TRIAL JUDGE'S C H A M B E R S joint jury instructions as required under Local Civil Rule 51.1W. Two m o d i f i c a ti o n s apply: (1) the term "joint jury instructions" shall be construed to include a joint verdict or interrogatory form; and (2) the applicable deadline is the one set forth in this order. (c) Editing Trial Depositions/Filing Objections. On or before the deadline, all depositions to b e used at trial, including video depositions, shall be edited to remove all non-essential, repetitious, a n d unnecessary material as well as objections and colloquy of counsel. All objections to the d e p o s i ti o n will be considered waived unless briefed and filed with the Clerk of Court, WITH A C O P Y DELIVERED TO THE TRIAL JUDGE'S CHAMBERS, on or before the deadline.

(d) Exhibit Numbering. Each exhibit must carry the same exhibit number throughout the case. In other words, if an exhibit is assigned a number -- by any party -- during a deposition, it must be r e f e r re d to by that same number during any other deposition and at trial. No other exhibit may be g i v e n that number. The numbers need not be sequential, they must simply be unique and cons istent as to each exhibit.

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U N I T E D STATES DISTRICT COURT W E S T ER N DISTRICT OF LOUISIANA DIVISION

Plaintiff versus CIV IL ACTION NO.

Defendant P R E T R I A L ORDER F o l l o w i n g pretrial proceedings in this cause pursuant to the procedure of this court, IT IS ORDERED: A. This is an action for: (State nature of action, including damages or other relief sought and iden tifica tion of parties.) B. T h e parties and their legal relationships are as follows: (State legal relationship of all parties with reference to claims, counterclaims, third-party claims, etc. In a direct action against insurer, the insured must be identified.) C. Sta tem ent of jurisdiction: (State the facts and statutory basis for federal jurisdiction.) D. T h e following facts are stipulated by the parties and require no proof: (Numerical listing o f uncontested material facts.) To narrow issues and to eliminate unnecessary witnesses, counsel's b e s t efforts are expected in preparing stipulations.

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T h e contested facts are: (Each issue shall be stated as a concise narrative of each party's c o n t e n ti o n about each issue; the issue SHALL NOT be offered solely as a question.) (Example: 1 . The plaintiff contends the manifold was defective at the time of manufacture. 2. The defendant con tend s the plaintiff modified the manifold and exhaust system.) F. T h e contested issues of law to be determined by the Court. (Each issue shall be stated as a c o n c i s e narrative of each party's contention about each issue; the issue SHALL NOT be offered sole ly as a question.) G. T h e following depositions and answers to interrogatories will be offered in evidence: (Prior to trial, counsel shall edit from the deposition irrelevant material.)

H. This is a (jury or non-jury) case. (In a jury case, indicate whether the jury trial is applicable to all aspects of the case or identify those issues which will be tried by the jury.) Anticipated length o f trial is ___ days. I. T h e issue of liability (should or should not) be tried separately from that of quantum. J. T h e undersigned hereby certify that this Pretrial Order has been formulated after (face-tof a c e or telephone) conference in which trial counsel for all parties were included. Reasonable opp ortun ity has been afforded to counsel for corrections or additions, prior to signing. Hereafter, this Order shall control the course of the trial and may not be amended except by consent of the p a r t ie s and the Court, or by the order of the Court to prevent manifest injustice. A P P R O V E D AS TO FORM AND CONTENT:

Attorney for plaintiff, address a n d telephone number A2

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Attorney for defendant, address a n d telephone number

A t t a c h m e n t s : Ex hibit List - numbered index of each document to be offered, with objections ther eto and basis thereof. Witness List - The E-Government Act requires that all witness lists be filed by the clerk under seal. Therefore, witness lists shall not be included within, or submitted a s an exhibit or attachment to, the pretrial order. Instead, the parties are instructed to file, contemporaneously with the filing of the pretrial order, a JOINT witness list ( a s a separate pleading) that (1) identifies all expert and fact witnesses expected to b e called at trial; (2) includes a brief summary of each witnesses' expected tes tim on y; and (3) sets forth any objections to the testimony of a listed witness. All o b j e c ti o n s shall identify the objecting party and provide a pinpoint citation to the applic able Federal Rule of Evidence and any other supporting authority. The joint w i t n e s s list shall be separated by party and divided into "may call" and "will call" c a t e g o r i e s . Witnesses who are called exclusively for impeachment need not be l i st e d .

A C T I O N BY THE COURT T H E FOREGOING Pretrial Order has been approved by the parties to this action as e v i d e n c e d by the signature of their counsel hereon, and the Order is hereby entered and will govern i n the trial of this case. S h r e v e p o r t , Louisiana, this day of , 200__.

UNITED STATES DISTRICT JUDGE

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