IHOP IP, LLC et al v. International House of Prayer et al

Filing 31

AMENDED SCHEDULING ORDER entered by Judge Nanette Laughrey: Discovery due by 10/31/2012. Dispositive Motions due by 11/30/2012. Pretrial Conference set for 3/28/2013 at 02:00 PM in Courtroom 7A, Kansas City. Jury Trial set for 4/8/2013 at 09:00 AM in Courtroom 7A, Kansas City. (Attachments: # 1 Memo on PTC) (Kanies, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
IHOP IP, LLC, et al.,

)
)
Plaintiffs,
)
)
v.
)
)
INTERNATIONAL HOUSE OF PRAYER, )
et al.,
)
)
Defendants.
)

Case No. 11-00548-CV-W-NKL

AMENDED SCHEDULING AND JURY TRIAL ORDER
A.

TRIAL SETTING:

1. This case is set for trial on April 8, 2013 at 9:00 a.m. in the United
States Courthouse, 400 E. 9th Street, Courtroom 7A, Kansas City, Missouri 64106.
2.
Unless requested within fourteen (14) days from the date of this
Order, no continuance of the trial date or the pretrial conference date will be given
except upon written notice and for exceptional cause.
B.

PLEADINGS:

1.
Any motion to join additional parties will be filed on or before
December 2, 2011.
2.
Any motion to amend the pleadings will be filed on or before
December 2, 2011.
C.

DISCOVERY:

1.
Absent extraordinary circumstances, all discovery motions will be
filed on or before June 29, 2012. See Local Rule 37.1 for procedures that must be
followed before filing a discovery motion. The Court will not entertain any
discovery motion absent full compliance with Local Rule 37.1. Any discovery
motion filed without complying with Local Rule 37.1 will be denied. In the event
that a teleconference is needed, my courtroom deputy may be reached at (816)

512-5689. All teleconference requests should be directed to her. Each party to the
dispute shall fax a description of the discovery dispute, not to exceed one page in
length, to the Court at [phone], and to opposing counsel at least 24 hours
before the teleconference.
2.

Expert designations and depositions will be as follows:

a.
On or before May 30, 2012, the Plaintiff will designate any
expert witnesses it intends to call at trial. This includes any person who
may present evidence under Rules 702, 703, or 705 of the Federal Rules of
Civil Procedure.
b.
On or before June 29, 2012, the Defendant will designate any
expert witnesses it intends to call at trial. This includes any person who
may present evidence under Rules 702, 703, or 705 of the Federal Rules of
Civil Procedure.
c.
On or before October 31, 2012, all depositions of expert
witnesses will be completed.
3.
All pretrial discovery authorized by the Federal Rules of Civil
Procedure will be completed on or before October 31, 2012. This means that all
discovery disputes must be resolved and all depositions taken prior to the date
specified in this paragraph.
D.

DISPOSITIVE MOTIONS: All dispositive motions, except those under

Rule 12(h)(2) or (3), will be filed on or before November 30, 2012. All summary
judgment motions will comply with Local Rule 56.1. The Court will treat all Daubert
motions as dispositive motions for purposes of this paragraph.
E.

EXTENSION OF TIME:

1.
All motions for extension of time pursuant to Rule 6(b) or Rules 31,
33, 34 and 36 must state:
a.
first due;

The date when the pleading, response or other action is/was

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b.
The number of previous extensions and the date the last
extension expires;
c.
The cause for the requested extension, including a statement
as to why the action due has not been completed in the allotted time; and
d.
Whether the requested extension is approved or opposed by
opposing counsel (agreement by counsel of a requested extension is not
binding on the Court).
2.
Unless requested within fourteen (14) days from the date of this
Order, no continuance of the trial date or the pretrial conference date will be given
except upon written notice and for exceptional cause.
F.

PRETRIAL CONFERENCES:

1.
An initial pretrial conference in this case will be held on March 28,
2013, at 2:00 p.m., in the United States Courthouse, 400 E. 9th Street, Courtroom
7A, Kansas City, Missouri 64106. Lead trial counsel will participate in this
conference. Prior to the initial pretrial conference, counsel for all parties shall
meet, prepare and sign a Memo on Pretrial Conference in the form attached. The
Memo on Pretrial Conference must be filed electronically by 5:00 p.m. on March
21, 2013. All parties are responsible for the preparation of the Memo on Pretrial
Conference and shall jointly complete this Memo.
2.
A final pretrial conference will be held one-half (½) hour before the
trial in Judge Laughrey's chambers, Kansas City, Missouri.
G.

WITNESS LIST:. If a witness is not listed by a party in the Memo on

Pretrial Conference, that witness will not be permitted to testify absent leave of Court and
then only for the purpose of unanticipated rebuttal or unanticipated impeachment.
H.

EXHIBITS: The parties shall provide to the courtroom deputy, the

morning of trial, an Exhibit Index, with said index being prepared on a form provided by
the Clerk's Office.

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1.
Exhibit List: Except by leave of Court for good cause, no exhibit
will be received in evidence which is not listed in the Memo on Pretrial
Conference.
2.
Marking: Plaintiff and Defendant shall use numbers, designating
who is offering the exhibit (P1 for Plaintiff's Exhibit 1, D1 for Defendant's Exhibit
1, J1 for Joint Exhibits, etc.). Each item, i.e., each photograph, each document,
must have its own exhibit number. All exhibits shall be marked by the parties
prior to trial.
3.
Copy of exhibits for Court. At the time an exhibit is used during
trial, the party who first uses the exhibit must provide a copy of the exhibit to the
Courts.
I.

REQUESTED VOIR DIRE QUESTIONS: Requested voir dire questions

are to be filed at the time of the initial pretrial conference. A courtesy copy of the
proposed voir dire questions shall be e-mailed to my assistant at
[e-mail] (in Word Perfect or compatible software format).
J.

JURY STATEMENT: The parties are directed to agree upon a statement to

be read to the jury setting forth the background of this case and the claims being asserted.
This statement will be read to the jury panel prior to the voir dire. The jury statement
must be filed electronically and shall be e-mailed to my assistant at
[e-mail] (in Word Perfect or compatible software format).
K.

INSTRUCTIONS:

1.
Requested Jury Instructions: Proposed jury instructions shall be
submitted at the time of the initial pretrial conference in the following form:
a.
The parties shall meet (by telephone or in person) and
confer to assist in filing an agreed upon, single, unified (meaning one)
set of proposed jury instructions. Agreed upon instructions shall include
the following notation at the bottom of the proposed instructions: "This
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proposed instruction is agreed upon by the parties." If a party proposes an
instruction that is not agreed upon, the proposed instruction shall indicate
which party is proffering the instruction. Proposed instructions by opposing
parties on the same subject matter shall be grouped together. (For example,
if each party proposed a different preponderance of the evidence
instruction, Instruction No. 10A would be the Plaintiff's proffered
preponderance of the evidence instruction and Instruction No. 10B would
be the Defendants' proffered preponderance of the evidence instruction.)
Each instruction shall be numbered individually and each instruction shall
begin on a separate sheet of paper.
b.
At the bottom of each instruction, the party advancing the
instruction shall set forth the citation of the patterned instruction, decision,
statute, regulation or other authorities supporting the proposition stated in
the proposed instruction.
c.

Any modification of a pattern instruction shall be disclosed.

d.
Plaintiff's counsel shall be responsible for initiating the
instruction meeting with defense counsel, for making arrangements to
obtain defense counsel's proposed instructions should the parties not agree,
and for filing the unified set of proposed instructions at the initial pretrial
conference. A courtesy copy of the instructions shall be e-mailed to my
assistant at [e-mail] (in Word Perfect or compatible
software format).
e.
Instructions not requested as set forth above and not filed at
the time of the initial pretrial conference shall be deemed to have been not
properly requested within the meaning of Fed. R. Civ. P. 51, and shall be
deemed waived unless the subject of the request is one arising in the course
of trial which could not reasonably have been anticipated prior to trial from
the pleadings, discovery or nature of the case.
L.

MOTIONS IN LIMINE: Motions in limine must be filed at least ten (10)

days prior to the initial pretrial conference. Responses to any motions in limine must be
filed at least five (5) days prior to the initial pretrial conference. The parties shall file all
motions in limine in a single document on ECF, designating separate evidentiary issues

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by numbered headings within that document; response or reply briefs shall be filed in a
single document on ECF and correspond to the numbered headings in the opening brief
M.

SETTLEMENT DEADLINE: Unless otherwise ordered, the court hereby

imposes a settlement deadline of 12:00 Noon on the day before trial. If the case is
settled after that date, the court may enter an order to show cause why certain costs
should not be imposed on the party or parties causing the delay in settlement.
IT IS SO ORDERED.
s/ NANETTE K. LAUGHREY
NANETTE K. LAUGHREY
UNITED STATES DISTRICT JUDGE
Dated:

December 14, 2011

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