LL Liquor v. State of Montana et al

Filing 98

ORDERED: This order supersedes and replaces paragraphs 5-8 of the Court's June 18, 2019, Order. Proposed Pretrial Order due by 9/20/2019. See order for additional details and deadlines. Signed by Judge Sam E Haddon on 7/9/2019. (HEG)

IN THE UNITED ST ATES DISTRICT COURT
FOR THE DISTRICT OF MONT ANA
HELENA DIVISION

7/9/2019

LL LIQUOR, INC., d/b/a Lolo Liquor,
a Montana corporation,
No. CV 15-71-H-SEH
Plaintiff,
vs.

ORDER

STATE OF MONTANA; STEVE
BULLOCK, in his official capacity as
the Governor of Montana;
MONTANA DEPARTMENT OF
REVENUE; MIKE KADAS, in his
official capacity as the Director of the
Montana Department of Revenue; and
JOHN DOES I-X,
Defendants.

On June 18, 2019, the Court issued an Order requiring, inter alia, that a
proposed final pretrial order be filed on or before August 2, 2019.

1

On July 3, 2019, the parties filed a joint notice to the Court that included a
"[j]oint request to move [the] pretrial order and related deadlines to September
20,2019." 2

1

Doc. 94 at 2.

2

Doc. 97 at 2.

ORDERED:
I.

This order supersedes and replaces paragraphs 5-8 of the Court's June

18, 2019, Order. 3
2.

On or before September 20, 2019, the parties shall file a proposed

final pretrial order. A copy shall be provided to Chambers, 901 Front Street, Suite
31 00A, Helena, Montana, 59626. The proposed 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 proposed 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 not stated are waived. See
L.R. 16.4(b)(5). Exhibits shall be filed in compliance with paragraph 4 of this
Order.
No later than the date of filing of the proposed pretrial order, each party
shall file and provide to Chambers:
3

Doc. 94 at 2-5.
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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, in order to
be considered for admission as evidence at trial, must satisfy the requirements
for admissibility as evidence under the Federal Rules of Evidence.

4.

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.
b.

Each exhibit shall bear an extended tab showing the

number of the exhibit.
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c.

Each exhibit document shall be paginated, including any

attachments. Plaintiffs exhibits shall be numbered 1 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 a trial
exhibit number only.

d.

Exhibits shall not be duplicated.

e.

Exhibits shall be filed in the electronic record.

f.

The original of document exhibits shall be delivered to

the Clerk of Court on or before September 20, 2019.
g.

A copy of exhibits shall be mailed to Chambers, 901 Front

Street, Suite 31 00A, Helena, Montana, 59626, on or before September 20,
2019.
h.

The parties are expected to use the Court's available

evidence presentation technology for exhibit display.
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.

5.

This order may be supplemented if necessary and appropriate to
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address issues remaining for the Court's consideration.
DATED this ~ a y of July, 2019.

United States District Judge

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