Hurd v. The City of Lincoln et al

Filing 190

ORDER regarding TRIAL PREPARATION. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TROY M. HURD,
Plaintiff,
vs.

4:16CV3029
ORDER RE: TRIAL PREPARATION

THE CITY OF LINCOLN, a political
subdivision; TOM CASADY, in their
individual and official capacities; JOHN
HUFF, in their individual and official
capacities; PAT BORER, in their
individual and official capacities;
ROGER BONIN, in their individual and
official capacities; JEANNE PASHALEK,
in their individual and official
capacities; and LEO BENES, in their
individual and official capacities;
Defendants.

1.

CIVIL TRIAL SCHEDULE:
This matter is scheduled for trial on Tuesday, February 5, 2019, subject only to
the Court’s need to commence any previously scheduled criminal trial in which a
Speedy Trial Act deadline exists.

2.

PRETRIAL MOTIONS:
A.

Continuance

Motions to continue trial are referred to Magistrate Judge Cheryl R. Zwart for
decision. Any motion to continue trial must be filed with the Clerk of the Court,
together with a supporting affidavit, as soon as is practicable. The moving party
shall send a proposed order to Magistrate Judge Zwart at
[e-mail].
B.

Evidentiary Hearings

Please
notify
Judge
Smith
Camp’s
chambers
by
email
at
[e-mail] immediately upon filing any pretrial motion not

already addressed requiring an evidentiary hearing pursuant to Fed. R. Evid. 104
so that a hearing may be held before trial.
3.

PRETRIAL SUBMISSIONS:
A.

B.

Exhibit List: At least seven (7) days before the scheduled date of trial, each
party shall email an exhibit list as required by NECivR 16.2(a)(1) to Judge
Smith Camp’s chambers at [e-mail] in Microsoft
Word or Wordperfect format. If the exhibit list was not incorporated into the
final pretrial order, then the exhibit list should also be filed electronically with
the Clerk of the Court at least seven (7) days before the scheduled date of
trial.

C.

Witness List: At least seven (7) days before the scheduled date of trial,
each party shall email a witness list as required by NECivR 16.2(a)(2)(D) to
Judge Smith Camp at [e-mail] in Microsoft Word or
Wordperfect format. If the witness list was not incorporated into the final
pretrial order, then the witness list should also be filed electronically with the
Clerk of the Court at least seven (7) days before the scheduled date of trial.

D.

4.

Trial Brief: At least seven (7) days before the scheduled date of trial, a trial
brief as required by NECivR1 39.2(a) shall be filed electronically with the
Clerk of the Court.

Proposed Jury Instructions and Verdict Form: Proposed jury instruction
as required by NECivR 51.1 and proposed verdict form(s) shall be filed
electronically with the Clerk of the Court as least seven (7) days before the
scheduled date of trial.

DISCOVERY MATERIAL:
Parties seeking to submit materials in a manner different from the following
requirements must seek leave of the court. Materials submitted outside of the
following deadlines without leave of the court may be deemed withdrawn. Use of
discovery material as substantive evidence is controlled by the Pretrial Order and
the following requirements:
A.

Depositions:
Proponent: The party seeking to use a deposition at trial must deliver a
paper copy of the deposition to Judge Smith Camp’s chambers at least 24
hours before the deposition is to be presented at trial. If less than the entire

1 NECivR

refers to the local rules for the District of Nebraska. The current rules can be found at
https://www.ned.uscourts.gov/attorney/local-rules.

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deposition will be offered, the proponent must deliver: (1) a list or index
designating by page and line(s) the testimony to be offered, and (2) a copy
of the entire deposition with highlighted parts to be offered.
Objections: The party seeking to use a deposition at trial must also submit
a list or index of unresolved objections to the court in a motion in limine filed
electrically at least 24 hours before the deposition is to be presented at trial.
The list or index of objections must identify the location of the objection by
page and line as well as the precise nature of the objection.
B.

Video Depositions:
Proponent: At least seven (7) days before trial, the party seeking to use a
video deposition must deliver a paper copy of the transcript to Judge Smith
Camp’s chambers.
Objections: The party seeking to use a video deposition must also submit
a list or index of unresolved objections to the court in a motion in limine filed
electronically with the Clerk of the Court at least seven (7) days before trial
as required by NECivR 30.1(f). The list or index of objections must identify
the location of the objection by page and line as well as the precise nature
of the objection. After the court rules on the unresolved objections, the party
seeking to use the video deposition must then edit the video as required by
NECivR 32.1.

C.

Interrogatories and Requests for Admissions:
Proponent: At least seven (7) days before trial, a party seeking to use
interrogatories or requests for admission must deliver a paper copy of the
interrogatories or requests for admissions to Judge Smith Camp’s
chambers.
Objections: The party seeking to use the interrogatories or requests for
admissions must also submit a list or index of unresolved objections to the
court in a motion in limine filed electronically with the Clerk of the Court at
least seven (7) days before trial. The list or index of objections must identify
the location of the objection by page and line as well as the precise nature
of the objection. These requirements apply to answers to interrogatories
and requests for admissions including matters deemed admitted because
unanswered. See Fed. R. Civ. P. 36(a).

5.

EXHIBITS:
A.

Court’s Copies:

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Each proponent of exhibits must prepare two copies of each original exhibit
to be offered. One copy of the original exhibits must be placed in binder(s)
as described below. If the exhibits are available electronically, one copy
may be submitted in electronic form, on a portable thumb drive or other
generally accessible storage device. Each exhibit file within the portable
drive should be labeled by exhibit number.
If electronic copies of exhibits are unavailable, each set of copies must be
placed in three-ring binders. The binders must be numbered in accordance
with NECivR 39.3(d) and organized by dividers and numbered tabs for quick
retrieval of copies of exhibits during trial. The binders with copies of exhibits
must be delivered to chambers no later than seven (7) days before the
scheduled date of trial. The copies of exhibits delivered to chambers
are not the original exhibits to be used at trial.
B.

Original Exhibits:
The parties should deliver original exhibits to the court in accordance with
NECivR 39.3. Exhibits shall be properly listed and identified on the exhibit
form supplied by the Clerk of Court’s Office, also available at the court
website: https://www.ned.uscourts.gov/forms.

C.

Marking of Exhibits:
The parties should number exhibits as required by NECivR 39.3(d).
Plaintiff’s exhibits will begin with number “1.” Defendant’s exhibits will begin
with the three-digit number rounded to the next hundred after plaintiff’s last
exhibit. Additionally, all exhibits must be pre-marked with stickers that
indicate whether the plaintiff, or the defendant is offering the exhibit. The
Court requests that the parties number their exhibits consecutively.

6.

WITNESSES:
A.

Lists:
A party’s witness list shall include the full name and address (city and state
only if providing a residential address) for each such witness. Witnesses
who do not appear to testify when scheduled will be considered withdrawn.

B.

Rule 26 Disclosures and Reports:
At least seven (7) days before trial, the proponent of an expert witness must
deliver a paper copy of Fed. R. Civ. P. 26(a)(2) disclosures for each expert
witness identified in the Pretrial Order. Any expert whose Rule 26
disclosure is not received by the court within seven (7) days before trial, or
earlier if requested by the court, will be considered withdrawn.
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7.

COURTROOM EQUIPMENT:
Courtroom Equipment: Information regarding courtroom technology is available
at https://www.ned.uscourts.gov/attorney/courtroom-technology. Technology in
Judge Smith Camp’s courtroom includes: a large flat screen television, document
cameras (ELMOs), attorney & witness monitors with annotation abilities, jury box
monitors for viewing evidence, video conferencing, telephone conferencing,
VHS/DVD player, headsets for the hearing impaired, an easel, and table interfaces
at attorney tables to allow connection to laptops for displaying digital documents,
video, etc. Parties requesting a time for technology training, parties requesting the
use of the document cameras (ELMOs), and/or parties intending to play a video
recording during trial must contact the courtroom deputy by email or phone (listed
above) no later than three (3) working days before trial.

8.

CONDUCT OF TRIAL:
Judge Smith Camp will meet with counsel in her chambers at 8:30 a.m. on the first
day of trial. Trial will commence at 9:00 a.m. each day, unless otherwise ordered.
Examination of witnesses will be by direct, cross, and redirect examination, but not
recross unless authorized by the court.

9.

SETTLEMENT:
By noon on the Friday before trial is scheduled to occur, counsel for all parties shall
contact Judge Smith Camp’s chambers to receive instructions regarding how the
court may be notified of any settlement reached when the court is not open for
business. It is the responsibility of the counsel for all parties to notify the court
immediately of any settlement.
IT IS SO ORDERED.
Dated this 22nd day of January, 2019.
BY THE COURT:
s/
United States Magistrate Judge

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