Klein v. TD Ameritrade Holding Corporation, et al

Filing 209

ORDER - This matter is scheduled for an evidentiary hearing on March 27, 2018, at 1:00 p.m. before United States Magistrate Judge Susan M. Bazis, in Courtroom #2271 on the 2nd Floor of the Roman L. Hruska United States Courthouse. The provisions in this order govern exhibits to be used during the evidentiary hearing. Ordered by Magistrate Judge Susan M. Bazis. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GERALD J. KLEIN, on behalf of himself and
all similarly situated;
8:14CV396
Plaintiff,
ORDER

vs.
TD AMERITRADE HOLDING
CORPORATION, TD AMERITRADE, INC.,
and FREDRIC TOMCZYK,
Defendants.

This matter is scheduled for an evidentiary hearing on March 27, 2018, at 1:00 p.m.
before United States Magistrate Judge Susan M. Bazis, in Courtroom #2271 on the 2 nd Floor of the
Roman L. Hruska United States Courthouse. The following provisions govern exhibits to be used
during the evidentiary hearing:
1.

Exhibits:

A.
Exhibit List: By March 20, 2018, each party shall email an exhibit list as
provided for in NECivR 16.2(a)(1) to my chambers at [e-mail] in Microsoft Word or
WordPerfect format. All objections to any exhibits are to be noted with particularity on the
exhibit list provided to the court.
B.
Court’s Copies of Exhibits: 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 threering binders. The binders must be numbered as provided for in NECivR 39.3(d) and organized by
dividers and numbered tabs for quick retrieval of copies of exhibits. The binders with copies of
exhibits must be delivered to chambers by March 20, 2018. The copies of exhibits delivered to
chambers are not the original exhibits to be used at the evidentiary hearing.
C.
Original Exhibits: The parties should deliver original exhibits to the court in
as provided for in 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:
http://www.ned.uscourts.gov/forms.
D.
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.
IT IS SO ORDERED.
DATED this 12th day of March, 2018.
BY THE COURT:

s/ Susan M. Bazis
United States Magistrate Judge

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