Valentine v. Brown et al

Filing 213

ORDER RE: TRIAL PREPARATION. Member Cases: 8:16-cv-00131-LSC-MDN, 8:16-cv-00174-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed to pro se party) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
VERONICA VALENTINE,
Plaintiff,
vs.

8:16CV131
8:16CV174

LISA VILLWOK, #1764; and JENNIFER
HANSEN, #1585;

ORDER RE: TRIAL PREPARATION

Defendants.

1.

CIVIL TRIAL SCHEDULE:
This matter is scheduled for trial the week of February 19, 2018, and the first day
of trial will be Tuesday, February 20, 2018, 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 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.

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following deadlines without leave of the court may be deemed withdrawn.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
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 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
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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).

4.

EXHIBITS:
A.

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.

5.

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 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.

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.

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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.

6.

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.

7.

CONDUCT 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. All parties, including those

proceeding pro se, are bound by and must comply with all local and federal
procedural rules. See NEGenR 1.3(g).
8.

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.
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SO ORDERED.

Dated this 12th day of February, 2018.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge

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