Hartford Casualty Insurance Company et al v. Blythe Development Company et al

Filing 150

ORDER and AMENDED NOTICE OF HEARING ( Pretrial Conference set for 2/18/2015 09:00 AM in Courtroom 2-2, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Frank D. Whitney.). Signed by Chief Judge Frank D. Whitney on 2/12/2015. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-cv-00028-FDW-DSC
HARTFORD CASUALTY INSURANCE )
COMPANY
AND
HARTFORD )
UNDERWRITERS
INSURANCE )
COMPANY,
)
)
Plaintiffs,
)
)
vs.
)
)
BLYTHE DEVELOPMENT COMPANY, )
GREAT
AMERICAN
INSURANCE )
COMPANY,
ZURICH
AMERICAN )
INSURANCE COMPANY, AMERICAN )
GUARANTEE
AND
LIABILITY )
INSURANCE COMPANY, THE NORTH )
RIVER INSURANCE COMPANY, FCCI )
INSURANCE COMPANY, AND QBE )
INSURANCE CORPORATION,
)

ORDER
and
AMENDED NOTICE OF HEARING

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)
Defendants/Counterclaimants.
)
)
THIS MATTER is before the Court sua sponte concerning the scheduling of this case, as
well as the parties’ separate submission of proposed jury instructions.
First, as to the scheduling of this matter, the Court hereby reschedules the pretrial
conference to take place on Wednesday, February 18, 2015, at 9:00 am in Courtroom #2-2 of
the Charles R. Jonas Building, 401 W. Trade Street, Charlotte, North Carolina 28202. The
parties should note the new time and courtroom location.
Next, the Court has already set jury selection in this case to commence on March 4, 2015.
Because this case is the only matter on the Court’s March trial calendar that is proceeding to
trial, the Court hereby informs counsel and the parties that trial will begin with opening
statements immediately after jury selection on March 4, 2015. Furthermore, because this is the
only case proceeding to trial, the Court hereby informs counsel and the parties that the Court
must be informed of settlement in this matter by 12:00 pm on Tuesday, March 3, 2015, so that
the Court may timely inform the jury pool that they do not need to report for jury selection the
next day. If counsel fails to timely inform the Court of settlement and the jury unnecessarily
reports for duty, the Court may tax the costs for the jury to the parties and/or counsel.
Finally, the Court notes that the parties timely submitted their proposed jury instructions.
(Docs. Nos. 146, 148). These proposed instructions, however, fail to comply with this Court’s
standing orders and are hereby STRICKEN. The parties are directed to submit ONE jointlyprepared proposed set of jury instructions. Where the parties disagree, an alternative proposed
instruction should immediately follow the opposing party’s proposed instruction. This jointlyprepared proposed set of jury instructions should be submitted no later than 12:00 pm on
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Tuesday, February 17, 2015.
IT IS SO ORDERED.
Signed: February 12, 2015

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