Bales et al v. State Farm Fire and Casualty Company

Filing 55

ORDER Striking 46 Final Pretrial Report. Parties will be required to correct deficiencies as set out within. The parties are directed to submit a revised Final Pretrial Report within 30 days after the Court issues its ruling on Defendants Motion for Summary Judgment 33 . Signed by Chief Judge Timothy D. DeGiusti on 11/15/2023. (jee)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ROBERT BALES and
DANIELLE BALES,
Plaintiffs,
v.
STATE FARM FIRE AND
CASUALTY COMPANY,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Case No. CIV-22-851-D

ORDER
The parties’ Final Pretrial Report [Doc. No. 46] is deficient and is not approved. It
reflects a lack of sufficient trial preparation and is incomplete.
Plaintiffs improperly list broad categories of documents and documents that cannot
be identified (such as “all documents produced” by a party and “photographs, videos, or
other media taken of Plaintiffs’ property”). Plaintiffs’ scattershot approach does not
provide a workable list of trial exhibits and prevents Defendant from identifying reasonable
objections. Defendant lists unidentified “demonstrative aids” as an exhibit.
As to witnesses, the parties list individuals whose proposed testimony is described
with a notation, “To be deposed.” The parties also purport to reserve a right to add proposed
witnesses who are not currently identified. The deadline to complete discovery has passed,
and no motion to extend the deadline to conduct discovery is anticipated.
The Report also reflects a failure of the parties to comply with the Local Civil Rules
concerning the disclosure and exchange of evidence. Pursuant to LCvR39.4(a): “[A]ll

exhibits and documents which are to be introduced in evidence are to be marked for
identification . . . and physically exchanged or exhibited to opposing counsel at least three
calendar days before submission of the pretrial report.”
IT IS THEREFORE ORDERED that the Final Pretrial Report [Doc. No. 46] is
STRICKEN and the parties will be required to correct these deficiencies. In preparing a
revised Final Pretrial Report, the parties shall:
1)

identify and list only necessary exhibits and witnesses;

2)

resolve all objections reasonably capable of resolution through cooperative
efforts and stipulate to the admissibility of as many exhibits as reasonably
possible;

3)

attempt to stipulate to all facts that are not disputed or reasonably disputable
so as to eliminate unnecessary witnesses and exhibits;

4)

pre-mark and exchange all exhibits; and

5)

accomplish all other necessary and appropriate steps to reduce the number of
exhibits, witnesses, and objections and otherwise streamline the case and
reduce the length of the trial.

The parties are directed to submit a revised Final Pretrial Report within 30 days after the
Court issues its ruling on Defendant’s Motion for Summary Judgment [Doc. No. 33].
IT IS SO ORDERED this 15th day of November, 2023.

TIMOTHY . DeGIUSTI
Chief United States District Judge