Students for Fair Admissions, Inc. v. President and Fellows of Harvard College et al

Filing 405

Judge Allison D. Burroughs: ORDER entered. PROCEDURAL ORDER re pretrial/trial Final Pretrial Conference set for 10/3/2018 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs. Bench Trial set for 10/15/2018 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs.(McDonagh, Christina)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
STUDENTS FOR FAIR ADMISSIONS,
INC.,
Plaintiff,
v.
PRESIDENT AND FELLOWS OF
HARVARD COLLEGE (HARVARD
CORPORATION),
Defendant.

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Civil Action No. 14-cv-14176-ADB

ORDER SETTING CASE FOR TRIAL
BURROUGHS, D.J.
A non-jury trial in the above-captioned case shall commence on October 15, 2018 at
10:00 A.M. in Courtroom #17 on the 5th floor. The parties should be prepared to proceed with
opening statements (which will be optional) and the presentation of evidence at that time. The
schedule for trial will generally be 10:00 A.M. to 4:00 P.M. daily.
The Court further ORDERS as follows:
1.

Pretrial Disclosures. In preparation for the Final Pretrial Conference addressed in

paragraph 7, and in accordance with Fed. R. Civ. P. 26(a)(3) and Local Rule 16.5(C), by
September 7, 2018, the parties shall disclose to each other the following information about the
evidence that they may present at trial (other than solely for impeachment):
a.

the name and, if not previously provided, the address and telephone

number of each witness—separately identifying those the party expects to present and those it
may call if the need arises;
b.

the designation of those witnesses whose testimony the party expects to

present by deposition and, if not taken stenographically, a transcript of the pertinent parts of the
deposition; and
c.

an identification of each document or other exhibit, including summaries

of other evidence—separately identifying those items the party expects to offer and those it may
offer if the need arises.
2.

Objections to Pretrial Disclosures. Following the parties’ pretrial disclosures

addressed in paragraph 1, by September 14, 2018, each party shall serve on the other a list
describing any objections to the other party’s pretrial disclosures and the grounds therefor.
Pursuant to Local Rule 16.5(C), these objections shall be a subject of the meeting described in
paragraph 4 and, only if not able to be resolved by the parties, shall be presented to the Court in
the parties’ Trial Briefs described in paragraph 6. Objections not so disclosed, other than
objections under Rules 402 and 403 of the Federal Rules of Evidence, are waived according to
Fed. R. Civ. P. 26(a)(3) unless excused by the Court for good cause.
3.

Motions in limine. By September 17, 2018, the parties shall file any motions in

limine. The Court will hear argument on any such motions at the Final Pretrial Conference
addressed in paragraph 7.
4.

Obligation of Counsel to Confer. In further preparation for the Final Pretrial

Conference, pursuant to Local Rule 16.5(D), on or before September 26, 2018, the parties shall
meet in person to discuss and negotiate settlement of the action, to narrow the issues to be tried,
and to prepare the Joint Pretrial Memorandum addressed in paragraph 5.
5.

Joint Pretrial Memorandum. By October 1, 2018, counsel shall jointly prepare

and file a Joint Pretrial Memorandum setting forth the information prescribed by Local Rule
16.5(D).

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6.

Trial Briefs. Also by October 1, 2018, each party shall separately prepare and file

a Trial Brief, pursuant to Local Rule 16.5(F), which sets forth the following:
a.

Any requests regarding foreseeable disputes concerning evidentiary issues,

including authority for the ruling requested, that were not already raised in a motion in limine;
b.

A proposed, succinct and neutral statement summarizing the principal

claims and defenses of the parties.
7.

Final Pretrial Conference. Pursuant to Fed. R. Civ. P. 16 and Local Rule 16.5,

counsel shall appear for a Final Pretrial Conference on October 3, 2018 at 10:00 A.M. in
Courtroom #17.
Counsel are cautioned that failure to comply fully with this Order may result in sanctions
to be imposed by the Court. The parties may, by agreement and without further Court action,
modify any dates in this Order except for hearing and trial dates and those dates by which
pleadings must be filed with the Court.
SO ORDERED.
May 23, 2018
/s/ Allison D. Burroughs
ALLISON D. BURROUGHS
DISTRICT JUDGE

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