Espinola v. Ingersoll Rand, Inc. et al

Filing 166

ORDER RELATING TO TRIAL. Jury Trial set for 7/16/2012 09:30 AM in Courtroom 10N before Honorable Henry E. Autrey. Signed by Honorable Henry E. Autrey on 3/5/12. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ALBERTO ESPINOLA,
Plaintiff,
vs.
INGERSOLL RAND, INC., et al.,
Defendants.

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Case No. 4:09CV2090 HEA

ORDER RELATING TO TRIAL
This action is set for a JURY trial on July 16, 2012, at 9:30 a.m. This is a one week docket.
Pursuant to Local Rule 8.04 the court may tax against one or all parties the per diem, mileage, and
other expenses of providing a jury for the parties, when the case is terminated or settled by the parties
at a time too late to cancel the jury attendance or to use the summoned jurors in another trial, unless
good cause for the delayed termination or settlement is shown.
In this case, unless otherwise ordered by the Court, the parties shall, not less than ten
(10) days prior to the date set for trial:
1.

Stipulation: Meet and jointly prepare and file with the Clerk a JOINT Stipulation of

all uncontested facts, which may be read into evidence subject to any objections of any party set forth
in said stipulation (including a brief summary of the case which may be used on Voir Dire).
2.

Witnesses:
(a)

Deliver to opposing counsel, and to the Clerk, a list of all proposed witnesses,

identifying those witnesses who will be called to testify and those who may be called.
(b)

Except for good cause shown, no party will be permitted to call any witnesses

not listed in compliance with this Order.
3.

Exhibits:

(a)

Mark for identification all exhibits to be offered in evidence at the trial

(Plaintiffs to use Arabic numerals and defendants to use letters, e.g., Pltf-1, Deft.-A, or Pltf Jones-1,
Deft Smith-A, if there is more than one plaintiff or defendant), and deliver to opposing counsel and
to the Clerk a list of such exhibits, identifying those that will be introduced into evidence and those
that may be introduced. The list shall clearly indicate for each business record whether the
proponent seeks to authenticate the business record by affidavit or declaration pursuant to
Fed.R.Evid. 902(11) or 902(12).
(b)

Submit said exhibits or true copies thereof, and copies of all affidavits or

declarations pursuant to Fed.R.Evid. 902(11)or 902(12), to opposing counsel for examination. Prior
to trial, the parties shall stipulate which exhibits may be introduced without objection or preliminary
identification, and shall file written objections to all other exhibits.
(c)

Except for good cause shown, no party will be permitted to offer any exhibits

not identified or not submitted by said party for examination by opposing counsel in compliance with
this Order. Any objections not made in writing at least five (5) days prior to trial may be considered
waived.
4.

Depositions, Interrogatory Answers, and Request for Admissions:
(a)

Deliver to opposing counsel and to the Clerk a list of all interrogatory answers

or parts thereof and depositions or parts thereof (identified by page and line numbers), and answers
to requests for admissions proposed to be offered in evidence. At least five (5) days before trial,
opposing counsel shall state in writing any objections to such testimony and shall identify any
additional portions of such depositions not listed by the offering party which opposing counsel
proposes to offer.

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(b)

Except for good cause shown, no party will be permitted to offer any interrogatory

answer, or deposition or part thereof, or answer to a request for admissions not listed in compliance
with this Order. Any objections not made as above required may be considered waived.
5.

Instructions: Submit to the Court and to opposing counsel their written request for

instructions and forms of verdicts reserving the right to submit requests for additional or modified
instructions at least five (5) days before trial in light of opposing party’s requests for instructions.
(Each request must be supported by at least one pertinent citation.) The parties shall prepare a disk
with their instructions and shall have the disk available for any modifications of instructions.
6.

Trial Brief: Submit to the Court and opposing counsel a trial brief stating the legal

and factual issues and authorities relied on and discussing any anticipated substantive or procedural
problems.
7.

Motions In Limine: File all motions in limine to exclude evidence, and submit a

courtesy copy directly to the Court’s chambers, at least five (5) days before trial.
Failure to comply with any part of this order may result in the imposition of sanctions.
Dated this 5th day of March, 2012.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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