Balderrama v. City of Alamogordo et al

Filing 27

TRIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Jury Selection and Trial set for April 22, 2019 at 8:30 AM and continuing until April 25, 2019 in Las Cruces - 480 Picacho Courtroom (South Tower); Final Pretrial Conference set for April 4, 2019 at 02:00 PM in Las Cruces - 480 Picacho Courtroom (South Tower). (cbf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
EDWARDO BALDERRAMA,
Plaintiff,
v.

No. 2:18-cv-00134-KRS-GBW

CITY OF ALAMOGORDO, and
MARGARET PALUCH, individually
and in her official capacity as City
Manager for the City of Alamogordo,
Defendants.

TRIAL SCHEDULING ORDER
THIS MATTER comes before the Court following a telephonic trial scheduling
conference held June 4, 2018. As reflected in the record, the Court hereby sets the following
dates and deadlines:
A Pretrial Conference shall be held on April 4, 2019 at 2:00 p.m. in the Picacho
Courtroom at the United States Courthouse, 100 N. Church St., Las Cruces, NM, 88001. All
attorneys participating in the trial must be present for the pretrial conference unless permission
for telephonic appearance has been obtained from the Court. The parties may, but need not, be
present.
Jury Selection and Jury Trial will begin on April 22, 2019 at 8:30 a.m. in the Picacho
Courtroom. Counsel are directed to submit a proposed consolidated final pretrial order (template
pretrial order attached) as follows:
Plaintiff to Defendants: on or before December 31, 2018;
Defendants to the Court: on or before January 14, 2019.

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The pretrial order shall provide that no witness, except rebuttal witnesses whose testimony
cannot be anticipated, will be permitted to testify unless the witness is identified in a witness list
filed no later than thirty (30) days prior to the date set for trial. Any exceptions thereto must be
upon order of the Court for good cause shown.
Motions in Limine: All motions in limine 1 shall be filed on or before November 9,
2018 in accordance with the Pretrial Scheduling Order (Doc. 20). Responses and replies
are governed by the deadlines set forth in the Pretrial Scheduling Order.
Witness Lists: The parties shall file their witness lists on or before February 1, 2019.
The lists must disclose witnesses that the parties “will call” as well as witnesses that they “may
call” at trial. Any objections to a witness named by an opposing party must be filed by
February 15, 2019.
Designations and Counter-Designations of Deposition Testimony: On or before
February 21, 2019, counsel for each party shall file a pleading designating, by deposition
transcript page(s) and line number(s), the deposition testimony that the party intends to offer into
evidence at trial. In the event that a party designates deposition testimony that will or may be
offered into evidence at trial, then on or before March 1, 2019, any other party may counterdesignate, by deposition transcript page(s) and line number(s), any other portion of the
deposition testimony that should be offered into evidence pursuant to Federal Rule of Evidence
106. The deposition designation requirement does not apply to the use of a deposition to
impeach the testimony of a witness who testifies in person at the trial, or to rebuttal testimony
offered through deposition testimony.

1

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.
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On or before March 1, 2019, counsel shall jointly submit one physical copy of each
deposition transcript that contains testimony that will or may be offered into evidence at trial to
the Court’s chambers, with the parts of the deposition(s) that are to be offered into evidence
highlighted. To this end, Plaintiff will use a yellow marker and Defendants will use a blue
marker to highlight the portions of the deposition transcript that they each have designated. As
an alternative to jointly submitting a physical copy of a deposition to the Court with the
designated portions of the deposition highlighted, the parties may jointly submit the deposition to
the Court in PDF format, with the respective portions of the deposition highlighted, by emailing
the PDF document to [e-mail]. Any objections to deposition testimony
designated or counter-designated by an opposing party shall be filed on or before March 8,
2019. In the event a party wishes to make further designations or counter-designations of
deposition testimony, other than those designations made in conformance with the procedure set
forth above, the party shall first seek permission from the Court.
Exhibits: On or before March 1, 2019 the parties shall jointly file a list of exhibits that
the parties stipulate may be admitted into evidence without objection. On or before March 8,
2019 each party shall file a list containing the exhibits that the party will or may offer into
evidence, other than those exhibits for which the parties have stipulated to the admission into
evidence. On or before March 8, 2019, the parties shall jointly submit a physical copy of all
exhibits to the Court’s chambers. The exhibits shall be divided into two notebooks. One
notebook shall include all exhibits, labeled consecutively, that the parties stipulate may be
admitted into evidence without objection. The other notebook shall include all exhibits the
parties have not stipulated may be admitted into evidence, labeled consecutively beginning with
the next sequential number after the final stipulated exhibit designation. For instance, if there are
fifty (50) stipulated exhibits, twenty (20) contested plaintiff’s exhibits, and twenty (20) contested
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defendants’ exhibits, one notebook shall contain stipulated exhibits numbered 1 to 50. The
other notebook shall contain plaintiffs’ contested exhibits numbered 51 through 70 and
defendants’ contested exhibits numbered 71 through 90.
On or before February 21, 2019 each party shall send a list of their proposed exhibits to
the opposing party in order to allow sufficient time for a party to determine whether to object to
the admission of an exhibit.
Statement of the Case: On or before March 8, 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 on or before March 1, 2018
and confer about the statement of the case.
Jury Instructions: On or before March 8, 2019 the parties shall meet and confer to
discuss proposed jury instructions. Plaintiff shall file a set of requested jury instructions upon
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. On or
before March 15, 2019 all requested jury instructions shall be filed. On that same day, the
parties shall also email a copy of the requested jury instructions in Word format, without
citations, to [e-mail]. On or before March 21, 2019 a party shall file a
pleading setting forth any objections to an opposing party’s requested instructions.
IT IS SO ORDERED.

______________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
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