Storto v. Biltmore Farms, LLC et al

Filing 22

ORDER before the Court on it's own motion re: Trial on Monday, January 24, 2022, at 10:00 AM.. Signed by Senior Judge Graham Mullen on 11/18/2021. (ef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:20-CV-00219-GCM-DCK
RONALD J. STORTO,
Plaintiff,
v.

ORDER

BILTMORE FARMS, LLC
AMENDED AND RESTATED
PERFORMANCE UNITS PLAN,
JOHN F.A.V. CECIL,
BILTMORE FARMS, LLC
NED CURRAN,
BILTMORE FARMS, LLC
EXECUTIVE NONQUALIFIED
EXCESS PLAN,
H. WILLIAM HABERMEYER JR.,
CATHERINE CECIL TAYLOR,
WILLIAM G. TAYLOR,
Defendants.

THIS MATTER IS BEFORE THE COURT ON ITS OWN MOTION. This case is
set for trial on Monday, January 24, 2022, at 10:00 AM. The parties are hereby directed
as follows:
1.

By December 27, 2021 at 4:00 PM the parties are required:
(a) To discuss the possibility of settlement.
(b) To make all pretrial disclosures in compliance with Fed. R. Civ. P. 26(a)(3).
(c) To agree to the extent possible on the authenticity of exhibits.
(d) To agree upon the issues for the jury. If counsel cannot agree, each party
should submit its own proposed issues.
(e) To file a trial brief, a joint statement of the issues remaining for trial, a request for
voir dire and requested questions, and proposed jury instructions.
(f) To file proposed findings of fact and conclusions of law in all non-jury matters.

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2.

Motions in limine shall be filed no later than three (3) weeks before the first day of
the term in which the case has been placed on a published trial calendar. Responses
to motions in limine shall be filed within five (5) days of receipt of the motions in
limine.

3.

You will be expected to comply with the provisions of the pretrial order regarding
trial preparation. COUNSEL ARE NOTIFIED THAT FAILURE TO COMPLY
WITH DEADLINES WILL RESULT IN SANCTIONS.

4.

All cases are subject to call for trial when reached, regardless of their position on
the calendar. The jury will be selected on Monday, January 24, 2022.

5.

Counsel must subpoena all witnesses at least ten (10) business days before the trial date.
The Court may elect not to enforce subpoenas that have not been issued in compliance
with this deadline or, if requested, may quash subpoenas that have not been issued in
compliance with this deadline.

6.

When presenting judgments or orders for the trial judge’s signature, you are required
to submit them in Microsoft Word via CyberClerk.

7.

Exhibits: Parties are expected to use presentation technology available in the courtroom
to display evidence to the jury in accordance with Local Rule 79.1(a).

8.

If you have or discover a serious objection to trial which you think ought to result
in a postponement, please file your motion to continue.
IT IS SO ORDERED.
Signed: November 18, 2021

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