Arispe v. Allsup's Convenience Stores, Inc.

Filing 23

ORDER SETTING JURY TRIAL by Magistrate Judge Gregory J. Fouratt. Jury Trial set for 6/3/2019 at 09:00 AM in Las Cruces - 460 Organ Courtroom (South Tower) before Magistrate Judge Gregory J. Fouratt. Final Pretrial Conference set for 5/7/2019 at 09:00 AM in Las Cruces - 360 Dona Ana Courtroom (South Tower) before Magistrate Judge Gregory J. Fouratt. Exhibit List due by 4/23/2019. Expert Witness List due by 4/16/2019. (kdj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
ERICA ARISPE,
Plaintiff,
v.

Civ. No. 18-56 GJF/SMV

ALLSUP’S CONVENIENCE
STORES, INC.,
Defendant.
ORDER SETTING JURY TRIAL
The Court held a telephonic conference on May 30, 2018, to determine the dates of the
jury trial in this case. The Court sets the following dates and deadlines:
A Pretrial Conference will be held on May 7, 2019, at 9:00 a.m. at the United States
Courthouse, Dona Ana Courtroom, 100 N. Church Street, Las Cruces, New Mexico. All
attorneys participating in the trial must be present for the pretrial conference. The parties may,
but need not, be present.
Jury Selection and Jury Trial will begin on June 3, 2019, at 9:00 a.m. at the United
States Courthouse, Organ Courtroom, 100 N. Church Street, Las Cruces, New Mexico.
Counsel are directed to submit a proposed consolidated final pretrial order as follows:
Plaintiff to Defendant on or before February 26, 2019; Defendant to Court on or before March
12, 2019. Counsel are directed that the pretrial order will provide that no witnesses except
rebuttal witnesses, whose testimony cannot be anticipated, will be permitted to testify unless the
name of the witness is furnished to the Court and opposing counsel no later than thirty (30) days
prior to the time set for trial. Any exceptions thereto must be upon order of the Court for good
cause shown.

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Motions in Limine: All motions in limine 1 are due by April 16, 2019. Any responses or
objections are due by April 23, 2019.
Witness Lists: The parties shall file their witness lists, which must disclose both
witnesses that the parties “will call” and witnesses that they “may call” at trial. Witness lists are
due by April 16, 2019. Any objections to a witness named by the opposing party must be filed
by April 23, 2019.
Designations and Counter-Designations of Deposition Testimony: The parties shall
file designations, and counter-designations, of deposition testimony that they intend to use at
trial. The designations and counter-designations must state the pages and lines of the deposition
to be used. Plaintiff will use a yellow marker and Defendant a blue marker. These requirements
do not apply to cross-examination or rebuttal of a witness presented in person at trial.
Designations must be filed by April 16, 2019. Counsel must jointly submit one physical copy
of each deposition to my chambers by this due date and must highlight the parts of the
depositions that are to be used. Any objections to testimony designated by the opposing party,
and any counter-designations, must be filed by April 23, 2019. If the parties wish to make
further designations in light of the designations and counter-designations, leave for additional
designations must be requested from the Court at the pretrial conference.
Exhibits: The parties shall jointly file one list of stipulated exhibits and shall separately
file lists of contested exhibits no later than April 23, 2019. They shall also submit two physical
copies of marked exhibits to my chambers by the next business day. The first copy shall
include exhibits that the parties stipulate to be admissible, and shall be labeled consecutively.
The second copy shall include exhibits, the admissibility of which are contested, and shall be
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Motions challenging the admissibility of expert testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U.S. 579 (1993) are not motions in limine. Daubert motions shall be filed no later than the dispositive motions
deadline of January 11, 2019.

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labeled consecutively beginning with the next sequential number after the final stipulated exhibit
designation. For instance, if there are 50 stipulated exhibits, 20 contested plaintiff’s exhibits, and
20 contested defendant’s exhibits, the first notebook shall contain stipulated exhibits numbered 1
to 50. The second notebook shall contain plaintiff’s contested exhibits numbered 51 through 70
and defendant’s contested exhibits numbered 71 through 90.
In order to allow sufficient time for a party to decide whether to contest the admission of
exhibits, each party must send a list of their proposed exhibits to the opposing party no later than
April 16, 2019.
Statement of the Case: No later than April 23, 2019, the parties shall file a consolidated,
clear, concise statement of the case, to be read by the Court to the jury at the beginning of trial.
If counsel are unable to agree to a consolidated statement of the case, they shall file separate
statements of the case. The parties shall meet and confer about the statement of the case no later
than April 16, 2019.
Jury Instructions: The parties shall meet and confer about proposed jury instructions no
later than April 16, 2019. Plaintiff is responsible for filing a set of requested jury instructions to
which all of the parties agree. Requested instructions upon which the parties cannot agree must
be filed separately by the requesting party. There shall be only one instruction per page and each
instruction shall include a citation to supporting authority at the bottom of the page. All such
filings are due April 23, 2019. On that same day, the parties must also email a copy of the
instructions in Word format, without citations, to [e-mail].

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A party must file written objections to an opposing party’s requested instructions no later
than April 30, 2019.
IT IS SO ORDERED.

_______________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE
Presiding by Consent

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