Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al

Filing 174

TRIAL MANAGEMENT ORDER: Motions in Limine due and Final Pretrial Conference set for 9/26/2011 02:00 PM; Jury Trial set for 10/3/2011 09:00 AM before District Judge Marianne O. Battani (REFER TO IMAGE FOR FURTHER DETAILS). Signed by District Judge Marianne O. Battani. (BThe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THE WEATHER UNDERGROUND, INC.
Plaintiff(s),
v.
NAVIGATION CATALYST SYSTEMS, INC.,

CASE NO. 09-10756

Defendant(s),

HON. MARIANNE O. BATTANI
/

CIVIL TRIAL MANAGEMENT ORDER
IT IS ORDERED that trial counsel shall comply with the following dates and appear
as scheduled in the Courtroom of Judge Marianne Battani, 277 U.S. Courthouse, 231 W.
Lafayette, Detroit, Michigan.

EVENT

DATE

MOTIONS IN LIMINE DUE:

SEPTEMBER 26, 2011

FINAL PRETRIAL CONFERENCE

SEPTEMBER 26, 2011
@ 2:00 P.M.
(BENCH BOOK DUE)

TRIAL DATE:

OCTOBER 3, 2011 @
9:00 a.m. (Motions
heard morning of trial).

IT IS FURTHER ORDERED that counsel shall jointly prepare a BENCH BOOK
for use by the Court at trial and deliver it to the Court at the Final Pretrial Conference.
The BENCH BOOK shall be compiled in a three-ring binder and include the following
appropriately identified sections:
1.

Administrative Section
a.
Identify the parties, representatives, and attorneys, including firm
names.
b.
Estimate the length of the trial in half-day (four-hour) blocks.
c.
Give a brief description of any miscellaneous matters of which the
court should be aware, e.g. accommodations for a handicapper or
facilities for large exhibits.

2.

Theory of the Case
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a.
b.
3.

Prepare a brief joint theory of the case to be used to advise the jury
of the nature of the action.
The Court will read this theory to the jury before voir dire.

Voir Dire
a.
b.

c.
d.

The Court conducts voir dire. The attorneys may ask the Court to make
specific follow-up inquiries when necessary.
The following standard questions are asked by the Court: name,
residence, employment, marital status, spouse’s employment, prior jury
service, criminal convictions, health issues, attendance issues, burden of
proof, and nature of case issues.
List no more than fifteen other inquiries specific to the cause(s) of action
that you want the Court to make.
Jury selection procedure will be discussed with counsel during the final
pretrial conference.

4.

Witness List
a.
List witnesses reasonably expected to be called for each party, specifically
identifying experts.
b.
Estimate anticipated length of direct and cross-examination of each
witness.

5.

Exhibits
a.
Prepare a table of proposed exhibits with the following columns:
Received

No.

Description

(blank)

i.

b.

c.

d.

Exhibits should be numbered consecutively starting with P1 and
D1, respectively.
ii.
Mark all documents in the lower right-hand corner in advance of
trial.
iii.
An “S” is to be placed in the column labeled “Received”for all
stipulated exhibits.
iv.
Marking an exhibit does not mandate its use at trial.
STIPULATED EXHIBITS SHOULD BE INDICATED ON THE
EXHIBIT TABLE BEFORE THE EXHIBIT BOOK IS GIVEN TO THE
COURT AT THE FINAL PRETRIAL CONFERENCE.
The actual exhibits are to be organized in a separate binder(s) and tabbed.
The first page of the binder should be an index of the exhibits contained
in it. Courtesy copies are required for opposing counsel and the Judge
and will be exchanged at the Final Pretrial Conference. If the exhibits
are voluminous, copies may be submitted on disc rather than organized
in a binder.
The provisions of FED.R.CIV.P. 37(c)(1) will apply for failure to list an
exhibit.
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e.

Note: Admitted exhibits are to be displayed during trial on either the
Document Projector or other electronic device. Voluminous documents
must be presented through the use of evidence presentation software such
as Trial Director. Hard copies of admitted exhibits will still be needed for
submission to the jury during deliberation.

6.

Final Jury Instructions
a.
Include proposed final instructions with each on a separate, consecutively
numbered page with supporting authority when necessary.
b.
Prepare and include proposed jury verdict forms.
c.
Jury instructions and verdict form compatible with WordPerfect 12 are
also to be submitted on disc.
d.
Before closing Plaintiff shall provide a final copy of the instructions
without citations and in suitable format for the jury.

7.

Evidentiary Issues
a.
Submit a statement of anticipated legal issues on which you believe the
Court will need to rule during the course of the trial.
b.
Supply supporting law for your position.

8.

Motions in Limine
a.
File on or before the date contained in this order.
b.
Hearing will be on the same date as the final pretrial conference, unless
for good cause counsel requests an earlier date from the case manager.

9.

Findings of Fact and Conclusions of Law (bench trials only)
a.
Submit a statement of stipulated facts.
b.
Each party shall provide proposed findings of fact and conclusions of law.

Any questions regarding this order are to be addressed promptly by calling Bernadette M.
Thebolt or Colette Motowski at 1-313-234-2625. If another conference with the Court would
be beneficial in the administration or settlement of the case, please call Bernadette M. Thebolt
to schedule it.
s/Marianne O. Battani
Marianne O. Battani
U.S. District Court Judge

Dated: April 18, 2011

CERTIFICATE OF MAILING
I certify that a copy of this order was served upon the Plaintiff, James Scott at Ryan Correctional, and
electronically upon Counsel for the Defendant.
Dated: April 18, 2011

s/Bernadette M. Thebolt
Bernadette M. Thebolt
Case Manager 313-234-2627

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