The Chesapeake Bay Foundation, Inc. et al v. Weyerhaeuser Company, et al

Filing 162

MEMORANDUM TO COUNSEL. Signed by Judge Paul W. Grimm on 8/5/2015. (kw2s, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS OF
PAUL W. GRIMM
UNITED STATES DISTRICT JUDGE

6500 CHERRYWOOD LANE
GREENBELT, MARYLAND 20770
[phone]
[phone] FAX

August 5, 2015

RE: Weyerhaeuser Company v. PermaPost Products Co.
PWG-11-0047
MEMORANDUM TO COUNSEL
This memorandum confirms the trial date that has been set in this case by the August 3,
2015 telephone conference, and it provides the schedule for this case and certain instructions
relating to trial preparation.
Monday, October 12, 2015

Deadline for Submitting Joint Pretrial Order

Friday, October 30, 2015
at 4 p.m. – GREENBELT

Pretrial Conference

Monday, November 9, 2015
at 9:30 a.m.- BALTIMORE

Nine-Day Bench Trial to Begin

As discussed, Peter Laks will be permitted to testify as an expert so long as his testimony is
limited to the scope of the disclosures produced before the close of discovery; objections on the
basis of cumulativeness or bias are preserved for trial.

Proposed Pretrial Order
The pretrial order must comply with all provisions of Local Rule 106. The purpose of
this proposed order is to summarize what is established and what needs to be resolved at trial.
The proposed pretrial order shall include final stipulations, or requests for stipulations, of
specific facts, which include the legal theories relied upon in each claim and defense. See Loc.
R. 106.2(f). With regard to evidence, the proposed pretrial order must include a detailed list of
“exhibits the parties agree may be offered in evidence without the usual authentication.” Loc. R.
106.2(h). The list of documents should be detailed and include each document by title. The list
of witnesses must satisfy Local Rule 106.2(i). For depositions under Fed. R. Civ. P. 32, the

parties shall include “[a] list of the pages and/or lines of any portion of a deposition to be offered
in a party’s case in chief or any counter-designations.” Loc. R. 106.2(k). If the parties do not
plan to use depositions in their cases in chief, they may indicate the same and reserve the right to
use depositions for impeachment. The parties will indicate their agreement, or lack thereof, as to
admissibility of each document and any testimony to be presented as evidence. See Loc. R.
106.2(g), (l), (m).
In addition to the information required by Local Rule 106.2(j), the pretrial order shall
include for each party a concise summary of the opinion testimony expected from each witness
identified by that party pursuant to Fed. R. Civ. P. 26(a)(2)(A) and (B) who may testify at trial.
See Loc. R. 106.2(m). The parties shall identify those witnesses designated pursuant to Rule
26(a)(2)(A) separately from those designated pursuant to Rule 26(a)(2)(B).
Guaranteeing Witness Availability
Absent emergency circumstances, a party will guarantee the presence at trial of any
witness that party lists in the pretrial order, in accordance with Local Rule 106.2(i), as “expecting
to present” at trial.
Exhibits
In addition to the objections noted on the pretrial order, please be prepared to advise me
at the pretrial conference of any unresolved objections to the documents and exhibits listed in the
pretrial order in accordance with Local Rule 106.2(g). Any objections not disclosed at that time,
other than objections under Fed. R. Evid. 401 and 403, shall be deemed waived at trial, unless
excused for good cause shown. Fed. R. Civ. P. 26(a)(3).
All exhibits must be tagged and numbered prior to trial in accordance with Local Rule
106.7(a). You must meet with one another prior to trial to review and make available for
copying one another’s exhibits in accordance with Local Rule 106.7(b).
Copies of the parties’ proposed exhibits must be in a three-ring binder. The parties
should attempt to agree on the admissibility of all exhibits and inform the Court of those exhibits
about which agreement cannot be reached. Those exhibits will be discussed at the pretrial
conference and the binder should be presented to the Court at that time. The parties should
provide, in addition, impeachment exhibits each intends to offer into evidence at trial.
Impeachment exhibits need not be disclosed to other parties.
Use of Courtroom Equipment

Please be prepared to advise me at the conference if you would like to use at trial any
courtroom equipment. The court has available for your use DVD players and monitors, x-ray
boxes, and one electronic evidence presenter. The electronic evidence presenter may be reserved
on a first come, first served basis in cases which are expected to last longer than one week and
involve numerous documents.
Trial Instructions
Please read carefully the attached memorandum entitled “Instructions To Counsel
Regarding Trial Procedure And Conduct.” You are responsible for knowing the contents of
these instructions and all of the provisions of Local Rule 107 concerning trial conduct.
Although informal, this is an Order of the Court and shall be docketed as such.

/S/
Paul W. Grimm
United States District Judge
Attachments: (1)
ast

INSTRUCTIONS TO COUNSEL REGARDING TRIAL PROCEDURE AND CONDUCT1
1. Efficient Use of Courtroom Time
You must always be on time. You must anticipate objections in order to avoid
unnecessary bench conferences. When the jury is present, virtually every minute should be spent
taking testimony.
2. Exhibits
A. You must pre-mark exhibits.
B. You should not formally move exhibits into evidence. Under Local Rule 107.5.b they
are admitted when they are first mentioned during the questioning of a witness unless the
opposing party objects or unless the party mentioning them asks that they be marked for
identification only.
C. You may circulate exhibits to the jury without asking permission of the court provided
you then continue with questioning.
D. If you plan to use exhibit books, you must first confer with opposing counsel about
their contents and bring to the attention of the court any matters in dispute. You must provide
copies for one lawyer per party, a copy for the witness, a copy for the judge, and (at your option)
a copy for each juror.
3. Witnesses
A. You must treat witnesses with courtesy and respect and address them by their
surnames (except persons under the age of 18).
B. You may not appear to address yourself to jurors when questioning a witness.
4. Prohibited Questions and Remarks
A. You may not ask a witness whether it “would surprise you to know” that a certain
event occurred.
B. You may not ask “if I were to tell you that another witness testified to a certain fact,
would you disagree with him?” (or “was she lying?” or “not telling the truth?”)
C. You may not remind a witness that he is under oath or ask whether he expects the jury
to believe his testimony.
5. Movement In The Courtroom
A. You must stand when addressing the court.
B. You may (unless recording or amplification equipment otherwise requires) ask
questions of a witness from any fixed location in the well of the court but you may not ask
questions while pacing around the courtroom.

1

These instructions are based in part on Local Rule 107. You must be fully familiar with all of
the provisions of that Rule.

C. You may approach a witness to show an exhibit without prior approval of the court but
may not do so for any other reason.
D. When addressing jurors, you must stand a respectful distance away from them.
6. Objections
You may not make speaking objections or, unless invited to do so by the court, argue
rulings in front of the jury.
7. Opening Statements and Closing Arguments
A. Unless otherwise ordered by the court, no opening statement or closing argument
(including rebuttal argument) shall exceed one hour.
B. You must show opposing counsel any exhibit or demonstrative aid you intend to
display to the jury during opening statement or closing argument and any new demonstrative aid
you intend to display during closing argument.
C. During closing argument you may not state your personal opinion as to the merits of
your case, the credibility of a witness, or the culpability of a civil litigant, or guilt or innocence
of an accused.
8. Exclusion of Witnesses Rule and Talking to Witnesses on the Stand
Local Rule 107.7 describes the meaning of the exclusion of witness (sequestration) rule.
Local Rule 107.14 describes when counsel may talk to a witness on the stand.
9. Cell Phones and Other Electronic Devices
You must turn off (and instruct your clients and witnesses to turn off) all sound on cell
phones and other electronic devices before entering the courtroom.
10. Food and Drink
You may not bring any food or drink (other than water) into the courtroom. If you want
to use bottled water, you must pour it into the pitchers provided by the court.
11. Use of Courtroom Telephone Prohibited
You may not use the courtroom telephone unless authorized by the court.