Clare et al v. Timber Products Co. Limited Partnership et al

Filing 48

MINUTE ORDER: The Amended Order Establishing Trial Dates and Procedures 38 for the jury trial commencing March 19, 2012, is amended to set new dates for pretrial documents. Section III.A. pretrial documents currently due 2/23/2012 are now due 2/29/2012; Section III.B. pretrial documents currently due 2/29/2012 are now due 3/5/2012; and Section III.C. pretrial documents currently due 3/6/2012 are now due 3/8/2012 by 5:00 p.m. Please access entire Second Amended Trial Management Order (attached) by document number hyperlink. (rsm)

IN THE UNITED STATES DISTRICT COURT
FOR TH E DISTRICT OF OREGON
JAMES CLARE and
KATHY CLARE,
SECOND AMENDED
ORDER ESTABLISHING
TRIAL DATES AN D
PROCEDURES

Plaintiff,

v.
TIMBER PRODUCTS,

Case No.

11-3024-CL

Defendants.
CLARKE, Magistrate Judge.
I.

A 5-day jury trial will commence on March 19, 2012, at 9:00

a.m.,! Counsel will be available at 8:00 a.m.
II.

An in-person pretrial conference will be held on March 12,

2012, at 10:00 a.m.
III.

The following pretrial documents, separately submitted and

captioned, are due as indicated below. Unless otherwise indicated, the
documents shall be filed electronically in accordance with Local Rule 100.
Opposing counsel should receive their copies by that date as well.
This order is separate from requirements set forth in the Federal
Rules of Civil Procedure.

Parties are required to submit appropriate filings

and disclosures as outlined therein, such as the witness disclosure rules
found in Rule 26.
The parties shall comply with federal statutes and procedural rules
The parties have executed written consents to entry of final
judgment by a magistrate judge (#63).
28 U.S.C. § 636(c).

restricting publication of certain personal data in documents publicly filed
with the Court. Social Security, taxpayer identification, and financial
account numbers must be redacted entirely or else restricted to the last
four digits. IVlinor children ordinarily will be referred to by initials, with
dates of birth limited to the year. The parties should avoid eliciting such
information during testimony or other public court proceedings. If
circumstances necessitate referring to personal data, the parties shall
advise the Court beforehand.
A.

PRETRIAL DOCUMENTS DUE ON February 29, 2012

A.1.

EXHIBITS AND EXHIBIT LIST. The parties are to exchange all

trial exhibits. All exhibits must be marked with a color-coded exhibit
sticker (yellow for plaintiff, blue for defendant) in the lower right hand
corner of the exhibit; the number of the exhibit and the case number shall
appear on each exhibit sticker. Plaintiff's exhibits shall be numbered
starting with "1". Defendants' exhibits shall be numbered starting with
"101," with defendants' counsel agreeing on either joint exhibits or on
separate numbering for each defendant's exhibits, e.g., starting with 201,
301, etc. Multiple page exhibits must be marked with a sticker containing
the exhibit number and the page number on each page, e.g.,
101-1, 101-2, etc. If an exhibit is later replaced by a revised version, the
replacement exhibit shall be denoted with a letter suffix, e.g., exhibit lOlA
would replace 101.
Each party shall furnish the Clerk's Office (not file) in Medford with
the original marked exhibits in a three-ring binder separated by numbered
tabs, plus a duplicate binder for the Court.
Each party shall file a list of its proposed exhibits, in numerical
order, with a short identifying description (e.g., "letter from Smith to
Jones, dated Jan. 1, 2000").
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A.2.

WITNESS LIST AND WITNESS STATEMENTS. Each party shall

file a list of its witnesses. In separate witness statements, include a
summary of the testimony for each witness. Do not give just the subject,
give the substance. For example, do not state, "The witness will testify
about the accident." State, "The witness will testify that the defendant ran
the red light and was going an estimated 30 miles per hour." Include an
estimate of the time for each witness.
A.3.

EXPERT WITNESS LIST AND EXPERT WITNESS STATEMENTS.

Each party shall file a list of its expert witnesses. In separate expert
witness statements, include qualifications, any opinions to be expressed,
the facts and data upon which the opinions are based, any exhibits to be
used by the witness, a list of all publications authored by the expert in the
past 10 years, the compensation to be paid for the study and testimony,
and a list of any other cases in which the witness testified as an expert in
deposition or at trial in the last four years.
A.4.

PURGED DEPOSITIONS. If a party intends to offer deposition

testimony as substantive (not impeachment) evidence, the party shall file
the deposition testimony. The offering party must underline the portions
to be read to the jury. Plaintiff should underline its proposed testimony in
red, Defendants should underline their proposed testimony in blue.
A.S.

STIPULATED FACTS. Plaintiff shall serve Defendants with a list

of proposed stipulated facts.
A.6.

TRIAL BRIEF. Each party shall file a trial brief. The trial brief

must include a discussion of all the elements of all claims and defenses the
parties are proceeding with at trial, supported by citations to authority.
B.

PRETRIAL DOCUMENTS DUE ON March 5, 2012

B.l.

OBJECTIONS. Each party must file any objections to

exhibits, witnesses, expert witnesses, and marked deposition testimony.

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Each party shall also file any additional deposition testimony the opposing
party contends should be read to the jury. Failure to file written
objections by this date may result in waiver of the objections.
B.2.

MOTIONS IN LIMINE. Each party shall file any motions in

limine. Failure to file motions in limine by this date may result in
waiver of the motions.
B.3.

STIPULATED FACTS. Defendants shall serve their responses

on plaintiff, including any additional proposed stipulated facts. The parties
shall then confer to arrive at a joint statement of stipulated facts. Do not
refuse to agree to a fact based on relevance. Instead, each party should
indicate which facts it believes are true but not relevant (one asterisk next
to the proposed fact for Plaintiff, and two asterisks for Defendants).

If, by

the end of trial, the Court finds that a party unreasonably refused to agree
to a fact, the Court may award sanctions in favor of the party required to
prove the fact at trial.
C.

PRETRIAL DOCUMENTS DUE ON March 8, 2012 (by 5:00
p.m.)

c.1.

RESPONSES TO OBJECTIONS AND RESPONSES TO MOTIONS

IN LIMINE. Each party shall file responses to objections to exhibits;
responses to objections to witnesses; responses to objections to expert
witnesses; responses to objections to marked deposition testimony, or
additional testimony; and responses to motions in limine. Failure to file
written responses to the objections or written responses to the
motions in limine by this date may result in an order granting the
unopposed objections or motions in limine.
C.2.

ITEMIZED LIST OF SPECIAL DAMAGES. Each party shall file an

itemized list of special damages, if any.
C.3. JOINT STATEMENT OF STIPULATED FACTS. The parties' joint

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statement of stipulated facts shall be filed .
CA.

IIVIPEACHI"1ENT EXHIBITS. All impeachment exhibits shall be

marked and numbered in sequence, and sealed in an envelope labeled
IIImpeachment Exhibits." Sealed envelopes shall be left with the Clerk's
Office for delivery only to the Judge's chambers. However, unless they
are true impeachment exhibits, they will not be admitted at trial unless
previously disclosed. When in doubt, an exhibit should be listed and
disclosed.
C.5.

VOIR DIRE QUESTIONS. Each party shall file requested voir

dire questions.
C.6.

JURY INSTRUCTIONS. Each party shall file proposed jury

instructions. Jury instructions shall be submitted in full text format, with
citations to supporting authority. If there are more than 20 jury
instructions, attach an index.
C. 7.

VERDICT FORM. Each party shall file a proposed verdict form.

IV.

Failure to file the required trial documents by the due dates

could result in appropriate sanctions. The parties may not stipulate to any
extensions of these deadlines.
V.

The courtroom is equipped with an evidence presentation

system. You are encouraged to use this equipment during trial.
Arrangements may be made for the use of the equipment by contacting
the Clerk at 541-608-8777, at least one week in advance of trial.
The Clerk will arrange to demonstrate the equipment, but you must make
arrangements for this prior to trial.
VI.

At the pretrial conference, the parties shall be prepared to

discuss:
a) eliminating or shortening testimony or exhibits;
b) counsel's estimate of the trial time;

5 - ORDER ESTABLISHING TRIAL DATES AND PROCEDURES

c) whether the parties are pursuing all claims and defenses set forth
in the pleadings or pretrial order;
d) what claims are for the Court to decide and what claims will go to
the jury;
e) objections to exhibits, if any;
f) objections to deposition testimony, if any;
g) motions in limine, if any;
h) stipulated facts;
i) whether counsel foresee any special problems with witness
testimony;
j) any anticipated evidentiary issues;
k) voir dire questions;
/) settlement;
m) juror notebooks; and
n) trial procedures, such as peremptory challenges procedure; the
number of jurors who will be seated; the use of any telephonic or video
depositions; the use of the evidence presentation system in the
courtroom; the use of the VCR or a DVD player; the use of the lectern;
and any general questions about trial procedures.
VII.

Except for good cause shown, no exhibits or testimony will

be received in evidence at trial unless presented in accordance
with this Order.
IT IS SO ORDERED.

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DATED this _ __

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