KaiserKane, Inc. v. North American Roofing Services, Inc.

Filing 43

SUPPLEMENTAL Pretrial Order and Case Management Plan. Signed by District Judge Martin Reidinger on 8/17/2018. (khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:15-cv-00189-MR-DLH

KAISERKANE, INC.,

)
)
Plaintiff,
)
)
vs.
)
)
NORTH AMERICAN ROOFING
)
SERVICES, INC.,
)
)
Defendant.
)
_______________________________ )
SUPPLEMENTAL PRETRIAL ORDER
AND CASE MANAGEMENT PLAN

IN ACCORDANCE WITH the Local Rules of the Western District of
North Carolina and pursuant to Rule 16 of the Federal Rules of Civil
Procedure, the undersigned enters the following Supplemental Pretrial Order
and Case Management Plan in this matter.
I.
The Pretrial Order and Case Management Plan previously
entered in this matter sets forth certain requirements for the
parties to follow in preparing for and trying a civil case
before this Court. These requirements are not a mere

formality but rather are essential to the efficient
administration of the trial.

To ensure such efficient

administration, the Court hereby supplements these
requirements so as to better elucidate the parties’
responsibilities and the Court’s expectations. A party’s
failure to comply with the requirements set forth in the
Pretrial

Order

and

Case

Management

Plan,

as

supplemented herein, may subject such party to an
administrative fine for interfering with the efficient
administration of the trial.
II.
A.

COUNSEL’S PRE-TRIAL FILINGS

No later than seven (7) days prior to the final pretrial
conference, counsel for each party shall file any motions in
limine. Responses to any such motions must be filed no
later than one (1) day prior to the final pretrial conference.

B.

No later than one (1) day prior to the final pretrial
conference, the parties shall file with the Court:
1.

The issues and stipulations as called for in

Paragraph B(4) and (5) of the Pretrial Order and Case
Management Plan;
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2.

The line and page designations of any depositions

that counsel intend to introduce at trial. The parties should
be

prepared

to

address

any

objections

to

such

designations at the final Pretrial Conference;
3.

A trial brief addressing all questions of law and any

anticipated evidentiary issues. Such trial brief shall not
exceed 25 pages and shall be double spaced and in at
least 14 point type; and
4.

Proposed jury instructions, as described above, or in

the event of a non-jury case, proposed findings of fact and
conclusions of law.
C.

No later than the business day immediately preceding the
Trial Date, counsel for each party shall file the following
documents with the Clerk of Court and provide a hard copy
to the presiding judge or his courtroom clerk:
1.

A witness list containing the name of every proposed

witness;
2.

A statement of the education, experience, and

qualifications of each expert witness, including the
particular field in which the party intends to qualify the
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witness as an expert. The statement should also indicate
whether the parties have stipulated to the qualifications of
each expert witness;
3.

Stipulations

concerning

the

authenticity

and

admissibility of as many proposed exhibits as possible; and
4.

An exhibit list. The exhibit list should not include any

exhibits for which there is a very low likelihood that they will
be introduced. Further, the exhibit list should designate
each exhibit individually; the use of group exhibits (e.g.,
designating a series of photographs as one exhibit) is
discouraged. If necessary, the parties may supplement
their exhibit lists at trial with additional exhibits upon a
showing of just cause and a lack of surprise or unfair
prejudice to the opponent.
III.
A.

EXHIBIT LISTS AND EXHIBIT NOTEBOOKS

Final exhibit lists must be submitted before the trial begins.
Exhibit lists must follow the format set forth in the Pretrial
Order and Case Management Plan.

B.

Exhibit lists must list each exhibit counsel reasonably
anticipates using at trial, whether offered as substantive or
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illustrative evidence, or whether it is to be used on direct or
cross-examination or to refresh a witness’s recollection.
C.

While exhibit lists should not be under-inclusive, they also
should not be over-inclusive.

Exhibit lists should not

include all exhibits that counsel believes may possibly be
used at trial. If necessary, the parties may supplement
their exhibit lists at trial with additional exhibits upon a
showing of good cause and a lack of surprise or unfair
prejudice to the opponent. Counsel should prepare exhibit
lists with a few blank spaces at the end to allow for the
exhibit lists to be amended as the trial progresses; counsel
should not file amended exhibit lists in the middle of trial.
D.

The exhibit lists should designate each exhibit individually;
the use of group exhibits (e.g., designating a series of
photographs as one exhibit) is discouraged. The parties
may, however, designate a group of exhibits in such a way
as to indicate their related nature (e.g., designating a series
of photographs as Exhibit 1A, Exhibit 1B, Exhibit 1C, etc.).
“Catch-all” exhibits (e.g., an exhibit designation of “all
materials provided in discovery”) are not permitted.
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E.

Exhibit notebooks also must be tendered to the Court
before the beginning of trial. Such notebooks must contain
one clean, legible copy of each exhibit on the party’s exhibit
list. For any exhibits that are added during the trial, a copy
must be handed up to the Court at or before the time that
the particular exhibit is offered.
IV.

A.

WITNESS LISTS

Witness lists must be filed no later than noon on the
business day before jury selection.

B.

Each witness list must identify all persons who may be
called to testify at trial. Any person not so named on a
witness list will not be allowed to testify absent a showing
of good cause.

C.

Each witness list must identify those witnesses who will be
testifying live and those who will be testifying by deposition.

D.

Each witness list must identify any witness that counsel
intends to tender as an expert as well as the area of
expertise of that witness.

E.

Each witness list must identify all witnesses who will
appear at trial pursuant to a trial subpoena.
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V.
A.

JURY SELECTION

The Court utilizes a “mandatory strike method” for jury
selection. Pursuant to this method, the Clerk will call 14
members of the jury pool into the jury box. The Court will
then conduct the voir dire of the 14 prospective jurors.
Each side will then be allowed approximately 20 minutes
to conduct a voir dire of the 14 prospective jurors. Each
side will then be given the opportunity to make any motions
with respect to the jury panel, i.e., challenges for cause.
Motions to strike for cause will be heard at the bench. If
any of the prospective jurors are stricken for cause, then
those members will be replaced with new members of the
jury pool.

B.

The Court will then conduct a voir dire of the new members
of the 14 prospective jurors who have replaced the
members who were stricken for cause. This will be followed
by an opportunity for the Plaintiff to likewise voir dire the
new members, followed by a like opportunity for the
Defendant.

Counsel

will

ordinarily

be

allowed

approximately two minutes per new member of the panel
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for such voir dire. If there are any additional motions to
strike for cause as to the new members of the panel they
would be heard in the same manner as before at this time.
C.

Once all 14 positions are filled with prospective jurors who
have not been challenged for cause, then the parties will
exercise their peremptory challenges in the following
manner. First, the Plaintiff will be called upon to exercise
one of its peremptory challenges. This will be initiated by
the Court by saying: “What says the Plaintiff as to the jury
panel?” After the Plaintiff has excused one juror, then the
parties will exercise their remaining challenges for each
side by alternating. In other words, after the Plaintiff has
stricken one, then the Defendant will strike one, followed
by the Plaintiff striking another, until the parties have used
all their peremptory challenges.

D.

Once all the peremptory strikes have been used by both
sides, then there will only be 8 members of the 14
remaining.1

1

All eight will sit as jurors to decide the case. There will be no alternates. However, since
only six jurors are required for a civil trial, if any one or two members of the jury are
excused or dismissed after being empaneled, then the remaining jurors will decide the
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IT IS SO ORDERED.
Signed: August 17, 2018

case.
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