DESCHAMBEAULT v. UBS FINANCIAL SERVICES INC

Filing 56

REPORT OF FINAL PRETRIAL CONFERENCE AND ORDER. Estimated length of trial 5 Days. Jury Selection set for 4/4/2016 at 9:00 AM in Portland Courtroom 1 before MAGISTRATE JUDGE JOHN H. RICH III. Trial Briefs due by 3/30/2016. Motions In Limine due by 3/14/2016. Responses due by 3/28/2016. No Replies Permitted. By MAGISTRATE JUDGE JOHN H. RICH III. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

SUSAN E. DESCHAMBAULT,

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Plaintiff
v.
UBS FINANCIAL SERVICES INC.,
Defendant

No. 2:14-cv-432-DBH

REPORT OF FINAL PRETRIAL CONFERENCE AND ORDER

A final pretrial conference was held via telephone (because of weather-related travel
difficulties) on February 25, 2016, in Portland, Maine, before Magistrate Judge John H. Rich III.
Attorney Guy Loranger appeared for the Plaintiff and Attorney Francis Dee appeared for the
Defendant. The following matters were addressed and will govern the trial of this case.

I. Case Description
The Plaintiff asserts claims against the Defendant, her former employer, for age
discrimination under the Maine Human Rights Act (Count I), slander and/or liber per se
(Count II), and defamation (Count III). The Plaintiff seeks monetary damages for her
past and future lost wages and benefits, emotional distress, punitive damages, attorney
fees and costs, injunctive relief, and pre- and post-judgment interest. The Defendant
denies any liability.
II. Trial Preparation
A. Discovery. The discovery is complete. There are no outstanding discovery issues
requiring the Court’s attention at this time.
B. Motions in Limine. Any motions in limine shall be filed by March 14, 2016, and any
objections shall be filed by March 28, 2016. No reply memoranda shall be permitted.
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C. Maximum Number of Trial Days. The case will require no more than five full trial days.
III. Trial Schedule
A. Jury Selection. The jury will be selected on April 4, 2016, at 9 a.m. At conference, the
parties consented to the Magistrate Judge presiding at Jury Selection.
B. Motions to Continue: Any motion to continue the trial-ready date shall be filed by March
7, 2016.
C. Settlement Notice. The parties shall inform the Clerk’s office whether the case is settled
or firm for trial by March 30, 2016.
IV. Trial Process
A. Stipulations. The parties shall file any agreed-to stipulations by March 30, 2016.
B. Depositions. The parties shall exchange designated deposition transcripts or videos that
they intend to use at trial by March 17, 2016. Any objection to the admissibility of a
deposition transcript or video shall be filed by written motion by March 24, 2016.
C. Exhibits. The parties shall exchange exhibits by March 24, 2016. 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 March 30, 2016.
The original set of exhibits, and one extra set, shall not be filed before trial.
D. Witnesses. Each party shall file its witness list by March 30, 2016. 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 by March 28, 2016. The parties are requested not to propose questions
that are addressed in the Confidential Jury Questionnaire. The jurors’ completed
Confidential Jury Questionnaires will generally be available for inspection at the Clerk’s
Office or electronically on CM/ECF at least three working days prior to jury selection.
F. Jury Instructions. The parties shall submit proposed jury instructions by March 30, 2016.
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

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the requested instruction shall be provided. The opposing party may submit a concise
statement of any opposing authority by April 4, 2016.
G. Special Verdict Form. If a verdict form is requested, the parties shall prepare an agreedupon verdict form and submit the same to the court by March 30, 2016. In the absence of
an agreement, the parties shall submit separate proposed special verdict forms by that
date.
H. Trial Brief. Each party shall file by March 30, 2016, a trial brief setting forth the
significant factual and legal issues to be presented at trial and the party’s position on each
issue so identified. The trial brief shall not exceed ten pages.
I. 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 March 30, 2016, 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 by March 28,
2016.
J. Trial Management Conference. The parties may request an additional trial management
conference by contacting the Clerk’s office.

SO ORDERED.

Date: February 29, 2016.

/s/ John H. Rich III
U.S. Magistrate Judge
NOTICE

Any objections to a Pretrial Order entered by a U.S. Magistrate Judge shall be filed
within fourteen (14) days from the date of its filing.

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