Viva Healthcare Packaging Ltd et al v. CTL Packaging USA Inc et al

Filing 324

ORDER ON PRETRIAL SCHEDULE granting 323 Joint Motion for Order on Pretrial Schedule. Signed by Magistrate Judge David S. Cayer on 8/11/16. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Viva Healthcare Packaging Ltd., Viva
Healthcare Packaging (HK) Ltd., and Viva
Healthcare Packaging (USA) Inc.,

3:13-cv-569-MOC-DSC

Plaintiffs,
v.
CTL Packaging USA, Inc. and Tuboplast
Hispania,
Defendants.
ORDER ON PRETRIAL SCHEDULE

CTL Packaging USA, Inc.,
Counterclaim Plaintiff,
v.
Viva Healthcare Packaging Ltd., Viva
Healthcare Packaging (HK) Ltd., and Viva
Healthcare Packaging (USA) Inc.,
Counterclaim Defendants.

NOW COMES this Honorable Court upon the above-captioned parties’ Joint Motion For
Order On Pretrial Schedule and having conferred with the chambers of the Honorable Max O.
Cogburn, Jr., the Motion is GRANTED.
In accordance with the Local Civil Rules of the Western District of North Carolina and
pursuant to Rule 16 of the Federal Rules of Civil Procedure, the Court enters the following Joint
Pretrial Schedule in this matter:
DEADLINES
Party bearing burden of proof to provide
proposed jury instructions and statement of
issues as to issues for which that party bears
burden of proof

August 15, 2016

Mutual exchange of witness lists

August 15, 2016

Meet-and-confer regarding motions in
limine to seek agreement on some motions

August 18, 2016

File motions in limine, with each
memorandum of law in support of a motion
not to exceed ten pages

August 22, 2016

File joint statement of agreed-to motions in
limine

August 22, 2016

Mutual exchange of exhibit lists and
deposition testimony designations

August 22, 2016

Exchange waivers of claims or defenses that
have been abandoned by any party

August 22, 2016

Exchange statement of special damages

August 22, 2016

Final pre-trial conference set by the Court

August 22, 2016

Party not bearing burden of proof to provide
responses to jury instructions and statement
of issues

August 25, 2016

Parties to exchange proposed verdict forms,
stipulations of fact, and questions for voir
dire

August 25, 2016

Parties to meet and confer to discuss 1)
statement of issues; 2) stipulations of fact;
3) proposed jury instructions; 4) questions
for voir dire; and 5) verdict forms

August 29, 2016

Mutual exchange of 1) objections to exhibit
lists and 2) objections to designated
deposition testimony and counter
designations

September 2, 2016

Subpoena all witnesses

September 2, 2016

Discuss possibility of settlement

September 2, 2016

Exchange numbered copies of exhibits and
exhibit lists

September 2, 2016

Agree upon and file stipulations of fact

September 2, 2016

Agree upon and file issues of fact and law
that remain to be litigated. If counsel cannot
agree upon the issues, each party is directed
to write its own version and file it with the
Court.

September 2, 2016

File proposed jury instructions—each
instruction to be numbered and on a separate
page with supporting citation(s) as a
footnote

September 2, 2016

File requested questions for voir dire

September 2, 2016

File verdict forms

September 2, 2016

File oppositions to motions in limine, with
each opposition brief not to exceed ten
pages

September 5, 2016

Mutual exchange of objections to deposition
testimony counter-designations

September 6, 2016

Parties to meet and confer regarding
stipulations of authenticity of as many
proposed exhibits as possible and also as to
foundation, waiver of the best evidence rule,
and to those exhibits which may be received
into evidence at start of trial

September 7, 2016

File deposition testimony to be offered as
evidence at trial, objections thereto, counterdesignations, and objections thereto

September 9, 2016

File and serve exhibit list with objections

September 9, 2016

File and serve witness list

September 9, 2016

File trial brief addressing all questions of
law and anticipated evidentiary issues

September 9, 2016

Inspection of all physical exhibits each party
intends to use at trial

September 16, 2016

Exchange, by email, copies of
demonstratives and list of exhibits to be
used in opening

September 18, 2016

Exchange, by email, objections to
demonstratives to be used in opening

September 18, 2016

File stipulations regarding authenticity of as
many proposed exhibits as possible and also
as to foundation, waiver of the best evidence
rule, and to those exhibits which may be
received into evidence at start of trial

September 19, 2016

File list of expert qualifications unless
expertise stipulated to by parties

September 19, 2016

Trial Ready Date

September 19, 2016

Parties to provide, by email, names of
witnesses and order of presentation of the
witnesses
Parties to disclose, by email, lists of exhibits
to be used with each witness; and any
changes to names of witnesses, and to order
of presentation of the witnesses

10:00 pm two nights before witness
expected to testify

7:00 pm the day before witness
expected to testify

Exchange, by email, copies of
demonstrative exhibits other than for
opening and closing

7:00 pm the day prior to expected
use

Exchange, by email, objections to
demonstrative exhibits other than for
opening and closing

10:00 pm on the day received (the
day prior to expected use)

Exchange, by email, copies of
demonstratives to be used in closing

8:00 pm the day prior to closing
arguments, with timing to be
adjusted as necessary depending on
timing of the closing

Exchange, by email, objections to
demonstratives to be used in closing

11:00 pm on the day received (the
day prior to closing arguments),
with timing to be adjusted as
necessary depending on timing of
the closing

SO ORDERED.
Signed: August 11, 2016