MAK Automation, Inc. v. Bevcorp, LLC

Filing 30

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion for continuance [#27] is granted. IT IS FURTHER ORDERED that a final pretrial conference will be held in this matter on March 26, 2014 at 2:00 p.m. in Courtroom 16-South. ( Jury Trial set for 3/31/2014 08:30 AM before District Judge Rodney W. Sippel., Pretrial Conference set for 3/26/2014 02:00 PM before District Judge Rodney W. Sippel., Pretrial Compliance due by 3/11/2014.). Signed by District Judge Rodney W. Sippel on 2/7/14. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MAK AUTOMATION,
Plaintiff,
vs.
BEVCORP, LLC,
Defendant.

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Case No. 4:12CV1809 RWS

MEMORANDUM AND ORDER
For the reasons stated on the record during today’s hearing,
IT IS HEREBY ORDERED that the motion for continuance [#27] is granted.
IT IS FURTHER ORDERED that a final pretrial conference will be held in this matter
on March 26, 2014 at 2:00 p.m. in Courtroom 16-South.
II.

ORDER RELATING TO TRIAL

This action is reset for a JURY TRIAL on March 31, 2014, at 8:30 a.m. This is a special
setting and the case will be reached for trial on that date.
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 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
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.
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Any deadline not specifically amended above remains in full force and effect. Failure
to comply with any part of this order may result in the imposition of sanctions.

Dated this 7th day of February , 2014.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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