Sudden Valley Supply LLC v. Ziegmann

Filing 112

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Notice of Withdrawal [ECF No. 106 ] is DENIED, without prejudice. Jury Trial set for 4/6/2015 09:00 AM in Courtroom 12S before District Judge Ronnie L. White. Motion in Limine due by 3/27/2014. Pretrial Compliance due by 3/17/2015. (SEE ORDER FOR FURTHER DETAILS) Signed by District Judge Ronnie L. White on October 30, 2014. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SUDDEN VALLEY SUPPLY, LLC,
Plaintiff,
v.
NEIL P. ZIEGMANN,
Defendant.

)
)
)
)
)
)
)
)
)
)

No. 4:13-CV-53-RLW

MEMORANDUM AND ORDER
This matter is before the Court on the Notice of Withdrawal [ECF No. 106] of Plaintiff’s
counsel. After a hearing on the record,
IT IS HEREBY ORDERED that the Notice of Withdrawal [ECF No. 106] is DENIED,
without prejudice.
IT IS FURTHER ORDERED that the following schedule shall apply in this case, and
will be modified only upon a showing of exceptional circumstances:

This action is set for a JURY trial on April 6, 2015, at 9:00 AM. This is a two-week
docket.
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.). The parties
shall email a copy of the instructions to the clerk at: [e-mail]
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.

-2-

Failure to comply with any part of this order may result in the imposition of sanctions.
Dated this 30th day of October, 2014.

________________________________
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

-3-