Wells Fargo Bank, N.A. v. The Southeast Biofeedback and Clinical Neuroscience Association et al

Filing 44

SUPPLEMENTAL Pretrial Order and Case Management Plan. Signed by Chief Judge Martin Reidinger on 11/21/2022. (Pro se litigant served by US Mail.) (hms)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:20-cv-00302-MR

WELLS FARGO BANK, N.A.,

)
)
Plaintiff,
)
)
vs.
)
)
THE SOUTHEAST BIOFEEDBACK
)
CLINICAL NEUROSCIENCE
)
ASSOCIATION, URSZULA KLICH,
)
ADRIANA STEFFENS, and SYLVIA
)
WHITMIRE,
)
)
Defendants.
)
________________________________ )
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

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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.

DEPOSITIONS TO BE USED AT TRIAL

Page/line designations for any depositions to be used at
trial, whether discovery or de bene esse depositions, shall
be filed no later than fourteen (14) days before the final
pretrial conference. Objections and counter-designations
shall be filed no later than seven (7) days before the final
pretrial conference, and objections to any such counterdesignations shall be filed no later than two (2) business
days before the final pretrial conference. Failure to meet
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these deadlines may result in summary exclusion of the
designated testimony or the summary denial of the
objections.
B.

If the parties are unable to resolve all of the objections to
the designated deposition testimony, such objections that
remain will be resolved at the final pretrial conference.
Thus, a copy of the transcript excerpts necessary for the
Court to understand such designations and objections
must be filed with the Court no later than two (2) business
days before the final pretrial conference.

C.

If any party intends to use deposition or trial testimony
given in another case, such designation must be
accompanied by a statement as to how the party contends
such testimony is admissible in the present action.

D.

While the parties may present deposition or trial testimony
by reading such testimony into the record, the use of video
recording is strongly encouraged.

E.

If testimony is presented by video, the video must be edited
so as to exclude any testimony for which an objection has

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been sustained and so that the video can be played without
any interruptions.
F.

Before the trial begins, the parties shall provide the Court
with an estimate of the length of any deposition or trial
testimony to be proffered (e.g., for a video deposition, the
parties shall provide the playtime length of the edited video;
for a deposition that will be read, the parties shall provide
an estimate of the length of time to read the edited
transcript into the record).
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 the parties reasonably
anticipate using at trial, whether offered as substantive or
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 the parties believe may possibly be
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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. The parties 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; the
parties 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.

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
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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 the parties
intend 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.

IT IS SO ORDERED.

Signed: November 21, 2022

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