Mankel v. Government Employees Insurance Company

Filing 56

ORDER FOR PREPARATION OF JURY INSTRUCTIONS - IT IS ORDERED, Proposed Jury Instructions due by Tuesday, 3/6/2018. IT IS SO ORDERED. See attached. Signed by Judge Howard D. McKibben on 2/6/2018. (Copies have been distributed pursuant to the NEF - PR)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5
DENNIS MANKEL,
6
Plaintiff,
7
vs.
8
GOVERNMENT EMPLOYEES INSURANCE
9 COMPANY,
10

Defendant.

)
)
)
)
)
)
)
)
)
)
/

3:16-cv-00657-HDM-VPC
ORDER FOR PREPARATION
OF JURY INSTRUCTIONS

11
12

All proposed jury instructions are required to be filed and served by Tuesday, March 6, 2018.

13 Jury instructions are to be submitted in the following format:
14
15

(a) The parties shall jointly submit one set of agreed upon instructions. To
accomplish this, the parties shall serve their proposed instructions on each other two (2)
weeks prior to the trial. The parties shall then meet, confer, and submit to the Court one
complete set of agreed instructions.

16
17

(b) If the parties cannot agree upon one complete set of instructions, they shall
submit one set of those instructions that have been agreed upon, and each party shall
submit a supplemental set of instructions which are not agreed upon.

18
19
20
21
22
23

(c) These joint instructions and supplemental instructions shall be filed five (5)
days prior to the trial. Each party shall then file, two (2) days before trial, any objections
to the non-agreed upon instructions proposed by the other party. All objections shall be
in writing and shall set forth the proposed instruction objected to in its entirety. The
objection should then specifically set forth the objectionable material in the proposed
instruction. The objection shall contain citation to authority explaining why the
instruction is improper and a concise statement of argument concerning the instruction.
Where applicable, the objecting party shall submit an alternative instruction.
(d) The parties shall submit the proposed joint set of instructions and proposed
supplemental instructions in the following format:

24
(I) there must be two (2) copies of each instruction;
25
26
27
28

(ii) the first copy shall indicate the number of the proposed instruction and
the authority supporting each instruction; and
(iii) the second copy shall contain only the proposed instruction – there
should be no other marks or writings on the second copy except for the word “Instruction
#____ “ in the bottom margin.

1

(e) On the day of trial, the parties may submit a concise argument supporting the
appropriateness of each party’s proposed instructions to which the other party objected.

2
3

(f) All instructions should be short, concise, understandable, and neutral statements
of law. Argumentative or formal instructions are improper, will not be given, and should
not be submitted.

4
5
6
7

(g) Parties should also note that any modifications of instructions from statutory
authority, Devitt and Blackmar, Ninth Circuit Manual of Model Jury Instructions, or any
other form instructions, must specifically state the modification made to the original form
instruction and the authority supporting the modification.
(h) Failure to comply with any of the above instructions may subject the
noncomplying party and/or counsel to sanctions.

8
9
10

(I) Using WordPerfect or Word software, counsel shall submit to the Court
proposed jury instructions without citations: one document containing the joint jury
instructions, one document for the plaintiff’s proposed instructions, and one document for
the defendant’s proposed instructions. Proposed jury instructions shall be submitted via
email and addressed to [e-mail].

11
The Court further orders the Clerk to serve copies of this Order on all parties.
12
The date of the Clerk's file mark shall constitute the date of this Order.
13
IT IS SO ORDERED.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

HOWARD D. McKIBBEN
SENIOR U.S. DISTRICT JUDGE