Polyzen, Inc. v. Radiadyne, LLC

Filing 316

ORDER granting 312 Motion for Trial Setting. The Final Pretrial Conference shall be held on Friday, March 24, 2017 at 1:00 p.m., in courtroom one of the Terry Sanford Federal Building. The trial is set for Monday, April 17, 2017, in courtroom one of the Terry Sanford Federal Building. Counsel shall read the order in its entirety for additional critical deadlines and information. Signed by Chief Judge James C. Dever III on 12/22/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:11-CV-662-D
POLYZEN, INC.,
Plaintiff,

v.
RADIADYNE, LLC,
Defendant.

)
)
)
)
)
)
)
)
)

CASE MANAGEMENT ORDER

RadiaDyne's motion for a trial setting [D.E. 312] is granted. This order governs future
proceedings in this action. The trial is set for Monday, April17, 2017, in courtroom one ofthe Terry
Sanford Federal Building and United States Courthouse, Raleigh, North Carolina. Jury selection
shall begin at 10:00 a.m. WewillnotholdcourtonApril21, 2017. The case will take no more than
five trial days. The court will set and enforce time limits on each side.
Pursuant to Federal Rule of Civil Procedure 16(e), a final pretrial conference shall be held
on Friday, March 24, 2017, at 1:00 p.m., in courtroom one ofthe Terry Sanford Federal Building and
United States Courthouse, Raleigh, North Carolina. Each party shall be represented by an attorney
who will conduct the trial on behalf of such party. Adherence to this order's time requirements,
some of which deviate from the deadlines provided for in the Local Rules, is necessary for inchambers preparation for the final pretrial conference and the trial. By Friday, February 24, 2017,
each party shall provide the other party with the pretrial disclosure required by Federal Rule of Civil
Procedure 26(a)(3). See Local Civil Rule 16.1 (b)(1 ). By Friday, March 3, 2017, pursuantto Federal
Rule of Civil Procedure 26(a)(3)(B), each party may serve and file objections to the other party's
pretrial disclosure. See Local Civil Rule 16.1(b)(1).
Continuance ofthe pretrial conference at a party's request is highly unlikely. Counsel should

plan to do the necessary pretrial work in a manner that will ensure its timely completion before the
final pretrial conference. At the final pretrial conference the court anticipates that it will:
1.

Rule upon any dispute concerning the contents of the final pretrial order. Local Civil Rule
16.l(d)(l).

2.

Rule upon any dispute where video depositions are to be used and the parties have been
unable to reach agreement on editing. Local Civil Rule 16.1 (b)(2).

3.

Preview proposed testimony and exhibits, and rule on contested issues of law, and
anticipated evidentiary objections, to the extent possible in advance of trial.
Not later than Friday, March 10, 2017, the parties shall submit to chambers memoranda of

authorities on all anticipated evidentiary questions and on all contested issues oflaw. Any motions
relating to the admissibility of evidence are also due at this time. Responses are due Friday, March
17, 2017. No replies are permitted.
This action involves a jury trial. Not later than Friday, March 10, 2017, the parties shall
jointly file proposed jury instructions. Where there is disagreement as to any instruction, this jointly
prepared submission shall disclose the basis for a party's objection and, ifapplicable, each party shall
submit a proposed alternative instruction. See Local Civil Rule 51.1.
The parties' joint submission of jury instructions shall include a proposed verdict form. If
there is a disagreement as to the verdict form, this jointly prepared submission shall disclose the
basis for a party's objection and shall include each party's proposed alternative verdict form.
The court will conduct the examination of prospective jurors. Not later than Friday, March
10, 2017, counsel shall file any proposed voir dire questions. See Local Civil Rule 47.1(b).
The court will read a brief statement of the case to the prospective panel of jurors before
commencement of voir dire. Counsel shall jointly file a proposed brief statement of the case not

2

later than Friday, March 10, 2017.
Not later than Friday, March 10, 2017, the parties shall submit to chambers (but not file)
copies of all exhibits, properly bound. See Local Civil Ru1e 39.l(b)(2).
The final pretrial conference is an opportunity to prevent wasting trial time on pointless or
undisputed matters. The parties shall be prepared to address how to streamline the trial, including
but not limited to, presentation of testimony by deposition excerpts and stipu1ations.
Not later than Friday, March 17, 2017, counsel shall submit to chambers (but not file) the
parties' proposed pretrial order. Local Civil Ru1e 16.1(b)(1). This submission shall comply with
the form specified in Local Civil Ru1e 16.1(c).
Because the trial may involve numerous exhibits, the court encourages counsel, preferably
by agreement, to consider ways in which testimony about exhibits may be clarified during its
presentation. With respect to presenting exhibits to the jury, counsel shall use (if possible) computer
technology. Such technology avoids the need ofhanding exhibits to the jurors. Before trial, counsel
shall familiarize himself or herself with the courtroom's technology. Of course, counsel also shall
provide a hard copy of exhibits to the clerk. See Local Civil Ru1e 39.1(b).
This order shall not be modified except by leave of the court upon a showing of good cause.
The court expects the parties to abide by these deadlines. Furthermore, all requirements set forth in
the court's Local Ru1es governing pretrial and trial procedures not altered herein shall be strictly
observed.
SO ORDERED. This J.k. day of December 2016.

Chief United States District Judge

3