Basra, et al v. Ecklund Logistics, Inc.

Filing 134

ORDER RE: TRIAL PREPARATION - This matter is scheduled for trial the week of August 14, 2017, and the first day of trial will be Tuesday, August 15, 2017, subject only to the Court's need to commence any previously scheduled criminal trial in which a Speedy Trial Act deadline exists. Ordered by Chief Judge Laurie Smith Camp. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

INDERJEET BASRA, individually and as
Personal Representative for the; and
DILSHAAN S. REHAL, by and through
his;
Plaintiffs,

8:16CV83
ORDER RE: TRIAL PREPARATION

vs.
ECKLUND LOGISTICS, INC.,
Defendant.

1.

CIVIL TRIAL SCHEDULE:
This matter is scheduled for trial the week of August 14, 2017, and the first day
of trial will be Tuesday, August 15, 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 Magistrate Judge Michael D. Nelson 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 Nelson at
[e-mail].

B.

Evidentiary Hearings

Please notify my 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
my 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 my chambers 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
instructions as required by NECivR 51.1 and proposed verdict form(s)
shall be filed electrically with the Clerk of the Court at 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 my 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

1

NECivR refers to the local rules for the District of Nebraska. The 2016 rules can be found at
http://www.ned.uscourts.gov/attorney/local-rules.

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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 my
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 my 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. One copy of the original exhibits must be placed in
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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.

C.

6.

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.
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.

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.

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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:
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.

9.

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.

SO ORDERED.

Dated this 1st day of August, 2017
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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