E. et al v. SCHOOL DISTRICT OF PHILADELPHIA BOARD OF EDUCATION
ORDERED THAT PLAINTIFFS' REQUEST FOR A JURY TRIAL IS GRANTED. THE CASE WILL PROCEED AS OUTLINED IN THE ORDER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 7/18/14. 7/21/14 ENTERED AND COPIES E-MAILED.(rab, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RONALD E. and LESLIE A.
CHAMBERS, as GUARDIANS of
FERREN CHAMBERS an incapacitated
person and RONALD E. and LESLIE
A. CHAMBERS, in their own right,
THE SCHOOL DISTRICT OF
PHILADELPHIA BOARD OF
AND NOW, this 18th day of July, 2014, upon consideration of Plaintiffs’ letter request
for a jury trial dated June 18, 2014 (Docket No. 167), Defendant’s Opposition to Plaintiffs’ letter
request, and Plaintiffs’ revised reply (Docket No. 167), it is hereby ORDERED that Plaintiffs’
request is GRANTED. The case shall be tried to a jury, and shall proceed on the following
Final Pretrial Conference, Preparations and Required Submissions, and Trial Pool
All trial exhibits shall be marked and exchanged on or before September 19,
All parties are to prepare and file with the Clerk of Court their Pretrial
Memoranda, in accordance with this Order and Local Rule of Civil Procedure 16.1(c) as
a. Plaintiffs: on or before September 26, 2014.
b. Defendant: on or before October 3, 2014.
One (1) copy of each Pretrial Memorandum shall be served on the Court (Chambers), and
one copy on each opposing counsel, when the original is filed.
Any party having an objection to: (a) the admissibility of any exhibit based on
authenticity; (b) the admissibility for any reason (except relevancy) of any evidence expected to
be offered; or (c) the admissibility of any opinion testimony from lay witnesses pursuant to
Federal Rule of Evidence 701, shall set forth separately each such objection in their Pretrial
Memorandum. Each objection shall describe with particularity the ground and the authority for
A final pretrial conference will be held with the Honorable Gene E.K. Pratter on
November 4, 2014, at 10:00 a.m., in Chambers. 1 Lead trial counsel is required to appear at the
conference. If trial counsel is on trial in another matter, an attorney in his or her office who is
thoroughly familiar with this case is required to appear at the conference.
The parties shall meet to prepare a complete and comprehensive stipulation of
uncontested facts pursuant to Local Rule of Civil Procedure 16.1 (d)(2)(b)(2). Two (2) copies of
such stipulation shall be submitted to the Court (Chambers) no later than October 17, 2014. The
original shall be filed with the Clerk of the Court.
No later than October 24, 2014 each party shall submit to the Court (Chambers)—
a. Two (2) copies of (a) proposed jury voir dire questions, (b) proposed jury
instructions with pinpoint citations of authority for each point (ONE POINT
PER PAGE), (c) proposed jury interrogatories, (d) motions in limine
(excepting Daubert motions), and (e) a trial memorandum on the legal issues
Room 10613, United States Courthouse, 601 Market Street, Philadelphia, PA 19106.
involved in the case. The originals shall be filed with the Clerk of the Court
and a copy served on each opponent’s counsel.
If a model jury instruction taken, for instance, from the Third Circuit
Model Instructions, O’Malley, Grenig & Lee, Federal Jury Practice and
Instructions, or Sand, Modern Federal Jury Instructions is submitted, state
whether the proposed jury instruction is unchanged or modified. If a party
modifies a model jury instruction, the modification shall be set forth with
additions underlined and deletions placed in brackets.
b. A short, written Joint Statement of the Case for reading to the jury at the
commencement of the trial which shall cover (a) a brief statement of the facts;
(b) a brief statement of cause(s) of action and the essential elements of each
cause of action; and, (c) a brief statement of the defense(s) and the essential
elements of each affirmative defense. The Joint Statement of the Case should
not exceed two (2) pages in length.
c. Motions in limine (excepting Daubert motions).
d. A trial memorandum on the legal issues involved in the case
The originals shall be filed with the Clerk of the Court and a copy served on each
opponent’s counsel. Responses to any motions in limine are due no later than October
A trial date certain is set for this case on November 10, 2014, subject only to the
Court’s criminal case docket. The case will be tried to a jury.
Other Trial Preparations
If any party desires an offer of proof as to any witness or exhibit, that party shall
informally inquire of opposing counsel or unrepresented party prior to trial for such information.
If the inquiring party is dissatisfied with any offer provided, such party shall file a motion
seeking relief from the Court prior to trial.
Because a witness may be unavailable at the time of trial as defined in Federal
Rule of Civil Procedure 32(a)(3), the Court expects use of oral or videotape depositions at trial of
any witness whose testimony a party believes essential to the presentation of that party’s case,
whether that witness is a party, a non-party or an expert. The unavailability of any such witness
will not be a ground to delay the commencement or progress of an ongoing trial. In the event a
deposition is to be offered, the offering party shall file with the Court, prior to the
commencement of the trial, a copy of the deposition transcript, but only after all efforts have
been made to resolve objections with other counsel. Unresolved objections shall be noted in the
margin of the deposition page(s) where a Court ruling is necessary and a covering list of such
objections is also required.
At least three (3) days before the trial date certain, counsel are to supply the Court
with two (2) copies of each exhibit, and three (3) copies of a schedule of exhibits which briefly
describes each exhibit.
All counsel and unrepresented parties are expected to review the Court’s General
Policies and Procedures and Guidelines for Trial and Other Proceedings in the Courtroom
available on the Court’s website at www.paed.uscourts.gov concerning the conduct of the
litigation, including trial. Any party desiring a hard copy of this document may call the Court’s
Civil Deputy, Ms. Rose A. Barber, at 267-299-7350, to request a copy. These Policies and
Procedures address many issues that frequently arise during the pendency of cases, and all
counsel and unrepresented parties are expected to follow those procedures in spirit and in fact.
All counsel shall take such steps and undertake such procedures and processes so
as to assure their use of the electronic docketing and document availability and retrieval systems
operated by the Eastern District of Pennsylvania available from the Court.
EXTENSIONS OF TIME: Any necessary application for extension of any time
deadlines, change in conference(s), or trial date(s) set forth in this Order shall be made in writing
and submitted to the Court no later than three (3) days prior to the date sought to be changed or
extended. Any such request shall include a factual verification of counsel or unrepresented party
or witness showing good cause for the request, shall contain a statement of the position of all
other parties as to the request, and, if the request relates to a discovery deadline, shall recount
what discovery the parties have thus far accomplished.
BY THE COURT:
S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge
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