Howard Johnson International, Inc. v. NHS-Grand Forks, LLC et al

Filing 88

LETTER/ORDER re: presumptive time limits for witnesses. Signed by Judge Billy Roy Wilson. (DM)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE 600 W. CAPITOL, ROOM A403 LITTLE ROCK, ARKANSAS 72201-3325 (501) 604-5140 Facsimile (501) 604-5149 August 16, 2019 Sean T. Foss O'keeffe, O'brien, Lyson & Foss Ltd 720 Main Ave Po Box 2105 Fargo, ND 58107-2105 Mr. Anthony J. Novak Larson King LP 30 E. 7th Street, Suite 2800 St Paul, MN 55101 Mr. Bryan P. Couch Mr. Patrick During Connell Foley LLP 1085 Raymond Boulevard One Newark Center Ste 19th Floor Newark, NJ 07102 Re: Howard Johnson International, Inc. v. NHS-Grand Forks, LLC et al, 3:17-cv-00046-BRW-ARS Dear Counsel: I have reviewed your submissions and below are the presumptive time limits for the direct examinations of your witnesses: Plaintiff’s Witnesses 1. Robert Spence 2. Michael Piccola 60 minutes 60 minutes Defendant’s Witnesses 1. Bharat Patel 2. Robert Thibedeau 3. Miranda Muscha 4. John Isaakson 60 minutes 45 minutes 45 minutes 45 minutes The presumptive time limit for cross-examination is 20 minutes. A rebuttal witness must be a true rebuttal witness, not someone who could have testified on direct, i.e., a witness whose testimony cannot be reasonably anticipated until Defendant’s evidence is presented. Counsel for the parties are directed to “meet and confer” to determine if there is going to be a foundation objection. If so, I should be notified forthwith, with specificity. Page 1 of 2 At the end of your presumptive time limit on direct or cross-examination, that is it. I’ll expect you to stop if you are in the middle of the word “if.” You should have your proposed questions printed out so that, at the end of your presumptive time limit, you may approach the bench and show me the questions you didn’t get to ask that you think you should get to ask. I will rule as to whether you will be allowed to ask them. Having your proposed questions printed is crucially important so that you can show me how your examination has been bob-tailed. Also, it will probably help you pare down your questions, which is better advocacy. I realize I’m not teaching a trial ad course, but I expect rifle-shot presentations, not prolonged, unnecessary examinations of witnesses. Cordially, /s/ Billy Roy Wilson Page 2 of 2

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