Simmons v. United States of America et al

Filing 141

MEMORANDUM AND ORDER The matter is before the Court, after a conference with the parties, to reset the trial date and to set the final pretrial conference. IT IS HEREBY ORDERED that counsel in the above matter shall appear in the chambers of the und ersigned for a Final Pretrial Conference on January 3, 2012 at 9:30 in chambers. SEE ORDER FOR FURTHER DETAILS. Jury Trial set for 1/7/2013 09:00 AM in Courtroom 13N before Magistrate Judge Thomas C. Mummert III. This is a five day trial. Motion in Limine due by 12/28/2012. Pretrial Conference set for 1/3/2013 09:30 AM in Chambers before Magistrate Judge Thomas C. Mummert III. Pretrial Compliance due by 12/18/2012. Signed by Magistrate Judge Thomas C. Mummert, III on July 2, 2012. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
IN RE RANDOLPH SCOTT
by NEXT FRIEND and SPECIAL
ADMINISTRATOR, VIENNA SIMMONS,
Plaintiff,
and
RANDOLPH SCOTT, SR.,
Intervenor Plaintiff,
vs.
UNITED STATES OF AMERICA and
PARK RANGER JOSHUA UPDEGRAFF,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 4:10cv1578 TCM

MEMORANDUM AND ORDER
The matter is before the Court, after a conference with the parties, to reset the trial
date and to set the final pretrial conference.1 After careful consideration,
IT IS HEREBY ORDERED that counsel in the above matter shall appear in the
chambers of the undersigned for a Final Pretrial Conference on January 3, 2013, at 9:30
a.m., in chambers. Counsel shall be prepared to discuss all matters relevant to the jury trial
of the case, including, but not limited to, jury instructions. Counsel shall also make
themselves available for an electronic evidence presentation training session immediately

1

The case is before the undersigned United States Magistrate Judge by written consent of
the parties. See 28 U.S.C. § 636(c).

following the conference.
IT IS FURTHER ORDERED that this action is set for a JURY trial on January 7,
2013, at 9:00 a.m. This is a five day trial. In this case, unless otherwise ordered by the
Court, the attorneys shall, not less than twenty (20) 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 ten (10) 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
-2-

to requests for admissions proposed to be offered in evidence. At least ten (10) 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.
(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 ten (10) days before trial in light of opposing party’s requests for instructions.
(Each request must be supported by at least one pertinent citation.)
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 ten (10) days before trial.
Failure to comply with any part of this order may result in the imposition of sanctions.
Dated this 2nd day of July, 2012.

/s/Thomas C. Mummert, III
THOMAS C. MUMMERT, III
UNITED STATES MAGISTRATE JUDGE

-3-