Crittenden v. City of Omaha et al

Filing 64

ORDER Re: Trial Preparation. Ordered by Magistrate Judge Michael D. Nelson. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEANDRE CRITTENDEN,
Plaintiff,
vs.

8:15CV427
ORDER Re: Trial Preparation

PAUL HASIAK,
Defendant.

1.

CIVIL TRIAL SCHEDULE:
This matter is scheduled for trial the week of December 18, 2017, and the first day of trial
will be Tuesday, December 19, 2017, 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 the undersigned magistrate judge 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 the undersigned magistrate at [e-mail].
B.

Evidentiary Hearings

Please notify Chief 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.

Trial Brief: On or before December 11, 2017, a trial brief as required by
NECivR1 39.2(a) shall be filed electronically with the Clerk of the Court.

B.

Exhibit List: On or before December 11, 2017, each party shall email an exhibit
list as required by NECivR 16.2(a)(1) to Chief Judge Smith Camp’s chambers at

1

NECivR refers to the local rules for the District of Nebraska.
http://www.ned.uscourts.gov/attorney/local-rules.

The 2016 rules can be found at

[e-mail] in Microsoft Word 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.

D.

4.

Witness List: On or before December 11, 2017, each party shall email a witness
list as required by NECivR 16.2(a)(2)(D) to Chief Judge Smith Camp’s chambers
at [e-mail] in Microsoft Word 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.
Proposed Jury Instructions and Verdict Form: Proposed jury instructions as
required by NECivR 51.1 and proposed verdict form(s) shall be filed electrically
with the Clerk of the Court on or before December 11, 2017.

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 Chief Judge Smith Camp’s chambers at least 24 hours
before the deposition is to be presented at trial. If less than the entire 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 Chief 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 Chief 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:
Each proponent of exhibits must prepare two copies of each original exhibit to be
offered. 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 Chief Judge Smith Camp’s
chambers no later than December 11, 2017. 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:
www.ned.uscourts.gov/local/local.html.

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
Plaintiff, or 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 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.

7.

REQUESTS FOR INTERPRETERS OR COURTROOM EQUIPMENT:
Interpreters: A party requiring an interpreter must notify the courtroom deputy by email
at [e-mail] or by phone at [phone] at least seven (7)
days before trial.
Courtroom Equipment: Information regarding courtroom technology is available at
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:
Chief Judge Smith Camp 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.

9.

SETTLEMENT:
By noon on the Friday before trial is scheduled to occur, counsel for all parties shall
contact Chief 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.
SO ORDERED.
Dated this 27th day of November, 2017.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge