Cataliotti v. Gevo

Filing 52

ORDER RE: TRIAL PREPARATION (Civil Jury Trial). Ordered by Magistrate Judge F.A. Gossett. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTHONY CATALIOTTI,
Plaintiff,
vs.
MATTHEW GEVO,
Defendant.

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Case No. 8:11cv85
ORDER RE: TRIAL PREPARATION

(Civil Jury Trial)

1. PRETRIAL MOTIONS:
A. Continuance. Any motion to continue a trial must be accompanied by a
supporting affidavit and a proposed order, and delivered to Magistrate Judge Gossett.
THE FOLLOWING MATERIAL MUST BE SUBMITTED NO LATER THAN FIVE (5)
WORKING DAYS BEFORE THE SCHEDULED DATE OF TRIAL
2. PRETRIAL SUBMISSIONS:
A. The following documents shall be filed electronically with the Clerk of the Court:
trial brief, witness list, proposed jury instructions and verdict form(s).
B. In addition, each party shall e-mail to my chambers ([e-mail])
the proposed jury instructions, verdict form(s), witness list, and exhibit list, preferably in
WordPerfect format.
3. DISCOVERY MATERIAL: Use of discovery material as substantive evidence is controlled
by the Pretrial Order and the following requirements:
A. Depositions:
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.
B. Videotaped Depositions:
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.
C. 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).
4. EXHIBITS:
A. Court’s Copies: Each proponent of exhibits shall prepare a three-ring binder
containing a copy of each exhibit to be offered. The binder 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) working days before the scheduled date of trial.

B. Original Exhibits: 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:
www.ned.uscourts.gov/local/local.html.
C. 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.
5. WITNESSES:
A. Lists: 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 considered
withdrawn.

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B. 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.
6. 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 at least
one week in advance of trial if you request the use of the DOAR evidence presenter, a large
screen television, an illustrator pad/printer, an overhead projector, an easel, or headsets for
the hearing impaired.
7. CONDUCT OF TRIAL:
I will meet with counsel in chambers at 8:45 a.m. on the first day of trial. Trial will commence
at 9:00 a.m. each day, unless otherwise ordered. The court will conduct a general voir dire
examination. Counsel may supplement, but not repeat, the court’s voir dire examination. Any
suggested questions for voir dire by the court shall be delivered to my chambers. The court
may impose a time limit on counsel’s voir dire. Examination of witnesses will be by direct,
cross, and redirect examination, but not recross unless authorized by the court.
8. SETTLEMENT:
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 settlement. If the court is not so notified, or if
settlement is reached after a jury panel is called to appear, costs may be assessed against
the parties.
Dated this 3rd day of June, 2013.
BY THE COURT:

S/ F.A. Gossett
United States Magistrate Judge

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