Temple v. Callahan et al

Filing 86

ORDERED: Counsel for the parties shall meet and confer in person to agree upon, compile, and resubmit to the Court on or before October 18, 2016, a revised pretrial order which addresses and complies with each and all requirements of L.R. 16.4 and this Order. re 85 Proposed Pretrial Order, filed by City of Helena. Signed by Judge Sam E Haddon on 10/11/2016. (HEG, )

FILED
OCT I 1 2016
Cieri<, U.S. District Court
DistnctotMontana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONT ANA
HELENA DIVISION

BRIAN JOHN TEMPLE,
Plaintiff,

No. CV 15-46-H-SEH

vs.
ORDER

PETER JOSEPH CALLAHAN; CITY
OF HELENA; and ST. PETER'S
HOSPITAL,
Defendants.
The Final Pretrial Order submitted by the parties on October 7, 2016, does
not comply in numerous particulars with the specific requirements of L.R. 16.4,
including:
1.

L.R. 16.4(c)(10) regarding use of discovery documents;

2.

L.R. 16.4(d) and Appendix Form E regarding proper format for

witness lists; and
3.

L.R. 16.4(e) and Appendix Form F regarding proper format for

exhibit lists.

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Specific provisions for form and content currently in use and applicable to
all pretrial orders filed in this Court are to include:
1.

The final pretrial order must comply with the provisions of Fed. R.

Civ. P. 26(a)(3)(A) and L.R. 16.4. All attached lists must be in portrait
orientation.

2.

The final pretrial order supersedes all prior pleadings and may not be

amended except by leave of Court.
3.

Objections to exhibits, deposition testimony, or the use of other

discovery to be offered at trial (e.g. interrogatories and responses to requests for
admission) shall be included within the final pretrial order and shall state specific
grounds for all objections. See L.R. 16.4. Objections, including objections to
exhibits and deposition testimony, not stated are waived. See L.R. 16.4(b)(5).
Exhibits to be offered at trial shall be filed in compliance with paragraph 5 of this
Order.
4.

The proposed final pretrial order shall be filed. A copy shall be

provided to Chambers, 901 Front Street, Suite 31 OOA, Helena, Montana,
59626.
No later than the date of filing of the proposed pretrial order, each party
shall file and provide to Chambers:
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a.

The complete transcript of each deposition, any portion of

which is to be offered at trial.
b.

Complete copy sets of all interrogatories served by the party.

c.

Complete copy sets of all answers to interrogatories received

from any party, if any portion of such answers are to be offered at
trial.
d.

Complete copy sets of each request for admission and of each

response thereto to be offered at trial.
e.

Complete copy sets of all requests for production served by a

party and complete copy sets of all responses to requests for
production, if any portion of such responses are to be offered at trial.
All responses to discovery to be offered as evidence at trial must satisfy
the requirements for admissibility as evidence under the Federal Rules of
Evidence.

5.

Exhibits:
a.

Exhibits are to be bound in a loose-leaf binder and

exchanged with opposing counsel prior to the filing of the pretrial
order.

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b.

Each exhibit shall bear an extended tab showing the

number of the exhibit.
c.

Each exhibit document shall be paginated, including any

attachments. Plaintiffs exhibits shall be numbered l up to 500.
Defendants' exhibits shall be numbered 501 and up. All exhibits
shall be numbered in chronological sequence. Any exhibits from
depositions to be offered at trial shall be labeled with the
appropriate trial exhibit number only.

d.

Exhibits shall not be duplicated.

e.

Exhibits shall be filed in the electronic record.

f.

The original and one copy of document exhibits shall be

delivered to the Clerk of Court on or before October 18, 2016.
g.

An additional copy of exhibits shall be mailed to Chambers,

90 l Front Street, Suite 31 OOA, Helena, Montana, 59626, on or before
October 18, 2016.
h.

The parties are expected to use the Court's available

evidence presentation technology for exhibit display.

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1.

Audio or video electronic exhibits must be in a format

compatible with the evidence presentation technology. Parties may contact the
Clerk's office for technical assistance.
6.

Experts: Expert reports, in compliance with Fed. R. Civ. P. 26(a)(2)

and paragraph 6 of the scheduling order, and any corrections or supplements
thereto, shall be filed on or before October 18, 2016.
ORDERED:
Counsel for the parties shall meet and confer in person to agree upon,
compile, and resubmit to the Court on or before October 18, 2016, a revised
pretrial order which addresses and complies with each and all requirements ofL.R.
16.4 and this Order.
DATED this //-t4-ay of October, 2016.

United States District Judge

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