Hyke v. Ohio National Life Insurance Company
ORDER RE: TRIAL PREPARATION (CIVIL NON-JURY TRIAL). Ordered by Judge Laurie Smith Camp. (JB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID HYKE, Individually and as
the Personal Representative of the
Estate of Floren Hyke, DANA
SAMWAY, and DIXIE LANDRETH
OHIO NATIONAL LIFE INSURANCE
CASE NO. 8:10CV263
ORDER RE: TRIAL PREPARATION
(CIVIL NON-JURY TRIAL)
CIVIL TRIAL SCHEDULE:
Attached to this order is a listing of the civil cases that are scheduled for trial the
week of September 12, 2011, subject only to the Court’s need to commence any
previously scheduled criminal trial in which a Speedy Trial Act deadline exists. The
cases are listed in the order in which they were filed, but this is NOT
NECESSARILY the order in which they will be called for trial during the week.
Approximately one week before the trial week, my chambers will communicate by
e-mail the order in which the cases will be called and what day of the week the trial
will commence. Generally, but not always, cases begin on Tuesday of the trial
Motions to continue trial are referred to Magistrate Judge F.A. Gossett for decision.
Any motion to continue trial must be filed electronically, together with a supporting
affidavit, as soon as is practicable. The moving party shall send a proposed order
to Magistrate Judge Gossett at email@example.com.
Please notify my chambers immediately upon filing any pretrial motion requiring an
evidentiary hearing pursuant to Fed. R. Evid. 104 so that a hearing may be held
within sixty (60) days before trial. Absence of a request for an evidentiary hearing
may be deemed a waiver of such hearing. If the requested evidentiary hearing
involves a Daubert-Kumho question regarding an expert, the expert’s disclosure
under Fed. R. Civ. P. 26(a)(2) must be submitted to my chambers when the motion
for the Rule 104 hearing is filed. All other material regarding a requested Rule 104
hearing must be submitted to my chambers when the motion for a Rule 104 hearing
is filed. Each party shall submit a brief regarding each question raised by a motion
requiring a Rule 104 hearing.
THE FOLLOWING MATERIAL MUST BE SUBMITTED NO LATER THAN
FIVE (5) WORKING DAYS BEFORE THE SCHEDULED DATE OF TRIAL:
The trial brief shall be filed electronically with the Clerk of the Court. If the
exhibit list and witness list were not incorporated into the final pretrial order,
then those documents also shall be electronically filed.
In addition, each party shall e-mail to my chambers
(firstname.lastname@example.org) the witness list, exhibit list and proposed
findings of fact and conclusions of law and shall file electronically with the
Clerk of the Court a certificate of service indicating that the findings of fact
and conclusions of law has been served upon opposing counsel.
Use of discovery material as substantive evidence is controlled by the Pretrial Order
and the following requirements:
Proponent: The proponent of a deposition to be used at trial shall deliver a
copy of the deposition to my chambers. If less than the entire deposition will
be offered, the proponent shall 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: A list or index of objections to another party’s designated
deposition testimony shall be delivered to my chambers and shall identify by
page and line the location of the objection and shall identify the precise
nature of the objection.
Proponent: Videotaped depositions shall be delivered to my chambers as
stated in the previous paragraph. The proponent shall provide a transcript
with the prospective testimony indexed and highlighted.
Objections: A list or index of objections to another party’s designated
videotaped testimony shall be delivered to my chambers. The court may
require editing of the video tape in response to pretrial rulings on objections.
Interrogatories and Requests for Admissions:
The format and requirements for use of, and objections to, deposition
testimony shall also apply to answers to interrogatories and requests for
admissions, including matters deemed admitted because unanswered. See
Fed. R. Civ. P. 36(a).
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:
Each proponent of exhibits shall prepare two three-ring binders containing a
copy of each exhibit to be offered. The binders shall be organized by dividers
and tabs for quick retrieval of an exhibit during trial, and shall be delivered to
chambers no later than five (5) days before the scheduled date of trial.
Marking of Exhibits:
All exhibits must be pre-marked with stickers that indicate whether the
government, the plaintiff or the defendant is offering the exhibit. 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.
A party’s witness list shall include the full name and address for each such
witness. Witnesses who do not appear to testify when scheduled will be
Rule 26 Disclosures and Reports:
If not previously received by the court regarding a Rule 104 hearing, each
party shall deliver to my chambers a copy of the Fed. R. Civ. P. 26(a)(2)
disclosures regarding that party’s expert witnesses identified in the Pretrial
Order. Any expert whose Rule 26 disclosure is not received by the court
within five (5) working days before trial, or earlier if requested by the court,
will be considered withdrawn.
REQUESTS FOR INTERPRETERS OR COURTROOM EQUIPMENT:
Please notify the courtroom deputy at least a week in advance if the services of an
interpreter will be required for a hearing or trial. Please notify the courtroom deputy
before trial if you request the use of the ELMO evidence presenter and also if you
need to schedule a time for training. More information is available on the web at
www.ned.uscourts.gov. Court Technology installed in Judge Smith Camp's
courtroom is as follows: a large flat screen television, attorney & witness screens
have annotation abilities, jury box has monitors for viewing evidence, two digital
document cameras, video conferencing, telephone conferencing, VCR/DVD player
(please check your file types), laptop hook ups in counsel tables, an easel and
headsets for the hearing impaired.
CONDUCT OF TRIAL:
I will meet with counsel in 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.
By noon on the Friday before trial is scheduled to occur, counsel for all parties shall
contact 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
DATED this 10th day of August, 2011.
BY THE COURT:
s/Laurie Smith Camp
United States District Judge
LIST OF CIVIL CASES SCHEDULED FOR TRIAL WEEK OF SEPTEMBER 12, 2011
Elgin Eferebo v. Prime Therapeutics Inc. (JURY)
(Vincent M. Ekeh/Bryan S. Hatch, Eric W. Tirtilli)
David Hyke, et al. v. Ohio National Life Insurance Company (NON-JURY)
(Thomas J. Freeman, Thomas D. Wulff/Steven D. Davidson)
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