UNITED STATES FIRE INSURANCE COMPANY v. OMNOVA SOLUTIONS, INC.

Filing 78

ORDER STRIKING 74 Proposed Jury Instructions filed by UNITED STATES FIRE INSURANCE COMPANY for failure to comply with pretrial order and as untimely. Signed by Magistrate Judge Cynthia Reed Eddy on 10-24-12. (mjl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES FIRE INSURANCE
COMPANY a/s/o MAFCOTE
INTERNATIONAL, INC.,
Plaintiff,
v.
OMNOVA SOLUTIONS, INC.,
Defendant.

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Civil Action No. 10-1085
United States Magistrate Judge
Cynthia Reed Eddy

MEMORANDUM ORDER

By Pretrial Order dated December 12, 2011 (ECF No. 23), the Honorable Judge Donetta
W. Ambrose directed the parties to, inter alia, file Joint Proposed Jury Instructions by March 12,
2012. The parties did not comply with the Court’s order to “file a unified (meaning one)
combined set of proposed instructions which includes both agreed upon instructions and
proposed instructions to which the parties have not agreed. . . . The court will not accept separate
proposed jury instructions from the parties,” id., and, instead, each filed their own proposed jury
instructions. (ECF Nos. 42, 43). Although the parties failed to comply with the Court’s
unambiguous Pretrial Order, Judge Ambrose prepared and completed Final Jury Instructions
based upon the parties’ separate submissions, which will be distributed to them at the pretrial
conference of October 25, 2012.
Without explanation and without seeking leave of court, on October 22,2012, plaintiff
filed another set of Plaintiff’s Proposed Jury Instructions (ECF No. 74). Because this set of
Plaintiff’s Proposed Jury Instructions is out of compliance with the Court’s Pretrial Order and is

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over eight months untimely, Plaintiff’s Proposed Jury Instructions (ECF No. 74) are HEREBY
STRICKEN, and will not be considered.

s/ Cynthia Reed Eddy
The Honorable Cynthia Reed Eddy
United States Magistrate Judge

cc: all ECF registered counsel

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