OFFICIAL COMMITTEE OF UNSECURED CREDITORS v. CALPERS CORPORATE PARTNERS LLC et al

Filing 229

REPORT OF FINAL PRETRIAL CONFERENCE AND ORDER by JUDGE NANCY TORRESEN - Estimated length of trial is 5 Days. Jury Selection set for 8/3/2021 at 9:00 AM in Bangor Courtroom 2 before JUDGE NANCY TORRESEN. (mnd)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
OFFICIAL COMMITTEE OF
UNSECURED CREDITORS,
Plaintiff,
v.
CALPERS CORPORATE PARTNERS
LLC, et al.,
Defendants.

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Docket No. 1:18-cv-00068-NT

REPORT OF FINAL PRETRIAL CONFERENCE AND ORDER
A final pretrial conference was held on March 4, 2021, via videoconference
before Judge Torresen. Jeremy Fischer, Melissa Hewey, and Jay Geller appeared
for the Plaintiff, and Paul Werner, Anthony Manhart, Edward Tillinghast, Danielle
Vrabie, Hannah Wigger, and Rena Andoh appeared for the Defendant, CalPERS
Corporate Partners. The following matters were addressed and will govern the trial
of this case.
I.

Case Description
In this case, Plaintiff Official Committee of Unsecured Creditors seeks to
avoid and recover two distributions made by Lincoln Paper and Tissue LLC
(“Debtor”) to members of the Debtor’s parent holding company, including the
Defendant, CalPERS Corporate Partners LLC. The Plaintiff contends that
these distributions were constructively fraudulent transfers and seeks to
recover the total value of the transfers ($2,457,035.00), plus prejudgment
interest, attorneys’ fees, and related collection costs. The parties have
stipulated that each distribution constituted a transfer of an interest of the
Debtor in property and that the Debtor received less than a reasonably
equivalent value. The remaining questions—to be determined by the jury—
are whether the Debtor was insolvent or became insolvent as a result of the
transfers, was left with unreasonably small capital after the transfers, or
reasonably believed or should have believed that it would incur debts
following the transfers that it would be unable to pay as they came due. The

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Defendant asserts that the Plaintiff will be unable to establish any of these
financial conditions.
II.

Trial Preparation
A. Discovery. Discovery is complete. No outstanding discovery issues were
identified at the conference.
B. Pretrial Briefing. Each party shall file by April 1, 2021, a brief setting forth
its position on the significant remaining legal issues that were discussed at
the conference. Each brief shall not exceed fifteen pages. Each party may file
a responsive brief by April 15, 2021.
C. Motions in Limine. Any motions in limine shall be filed by July 22, 2021, and
any objections shall be filed by July 29, 2021.
D. Maximum Number of Trial Days. The case will require no more than five (5)
full trial days.

III.

Trial Schedule

A. Trial Period. The case will be tentatively placed on the August 2021 Trial
List. Due to the uncertain circumstances of the COVID-19 pandemic and the
priority of the Criminal Trial List, counsel have been advised that an August
trial date is not guaranteed.
B. Jury Selection. The jury will be selected on August 3, 2021, at 9:00 am.
C. Tentative Trial Start Date. The trial is tentatively scheduled to begin in
August 2021. A trial start date will be set closer to the trial period. Trial days
will commence at 8:30 a.m. and end at 2:30 p.m.
D. Settlement Notice. The parties shall inform the clerk’s office whether the
case is settled or firm for trial by July 1, 2021.
IV.

Trial Process
A. Stipulations. The parties shall file any agreed-to stipulations by July 29,
2021.

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B. Depositions. The parties shall exchange designated deposition transcripts or
videos that they intend to use at trial by July 12, 2021. Any objection to the
admissibility of a deposition transcript or video and any counter-designations
shall be filed by written motion by July 19, 2021. Any objections to counterdesignations shall be filed by July 26, 2021.
C. Exhibits. The parties shall exchange exhibits by July 19, 2021. The parties
shall jointly prepare a consolidated list of all exhibits to be offered at trial,
employing
the
form
available
on
the
Court’s
website—
http://www.med.uscourts.gov/—by July 29, 2021. In a jury case, the original
set of exhibits is ordinarily sufficient and shall not be filed before trial; in a
non-jury case, one extra set shall be filed for the Judge to review in advance
of the trial. See Local Rule 16.4(d).
D. Witnesses. Each party shall file its witness list by July 29, 2021. For each
witness, the list shall indicate (i) the witness’s name and address; (ii)
whether the witness is a fact witness or an expert witness; (iii) a concise
statement of the general subject matter of the witness’s testimony; and (iv)
an estimate of the time required for the direct examination of the witness.
E. Jury Voir Dire. The parties shall file any proposed supplemental voir dire
questions for the jury panel and any request for a case-specific written
questionnaire for prospective jurors by May 31, 2021. The parties are
requested not to propose questions that are addressed in the Confidential
Jury Questionnaire. The Court will hold a teleconference with counsel on
June 3, 2021, to discuss proposed questions, and a conference will be
scheduled after the case-specific questionnaires are received to discuss
challenges for cause.
F. Jury Instructions. The parties shall submit proposed jury instructions by
July 29, 2021. Proposed instructions shall be stated in separate paragraphs
and numbered sequentially. Following the text of a proposed instruction, any
applicable statutory or case authority for the requested instruction shall be
provided. The opposing party may submit a concise statement of any
opposing authority by August 3, 2021.
G. Special Verdict Form. If a verdict form is requested, the parties shall prepare
an agreed-upon verdict form and submit the same to the court by July 29,
2021. In the absence of an agreement, the parties shall submit separate
proposed special verdict forms by that date.

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H. Juror Notebooks. The court may permit the jurors to take notes in individual
notebooks. The notebooks include a glossary of common legal terms such as
“sidebar,” and a guide entitled “Suggestions for Jury Deliberation.” The
parties are encouraged to review the glossary and submit by July 27, 2021,
any proposed additional glossary terms that are specific to the case and
would be helpful to the jury. Any objection to the use of the glossary, guide,
or proposed additional glossary terms shall be submitted July 29, 2021.
I. Trial Management Conference. The parties may request an additional trial
management conference by contacting the clerk’s office.
SO ORDERED.
/s/ Nancy Torresen

United States District Judge

Dated this 5th day of March, 2021.

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