Sumeru Health Care v. Hutchens, et al

Filing 68

ORDER: 1) Plaintiff's counsel will confer with his client to confirm that the Plaintiff wishes to move forward with this case as soon as he is able. Should Plaintiff choose not to proceed, counsel will take appropriate action t o notify the Defendants and the Court to dispose of the case. 2) The next step toward resolution in this case will be to address the Defendants' Motion for Summary Judgment 43 , which is currently pending. 3) Defendants shall have until and inc luding April 30, 2015, to supplement their Motion for Summary Judgment 43 . 4) Plaintiff shall have until and including May 28, 2015, to respond to the Defendants' supplemented motion 43 . 5) Oral argument on the Defendants' Motion for Summary Judgment 43 will be held before this Court on 6/15/2015 at 10:00 AM. 6) A Final Pretrial Conference will be held on 8/5/2015 at 10:00 AM. 7) The trial of this case will be held with a jury beginning on Tuesday, 8/18/2015 at 9:00 AM. The trial is expected to take four days or less. 8) The parties will confer to discuss the possibility of mediating this case. The parties will keep the Court apprised of mediation attempts as they are scheduled, so that th e dates set in this Order may be modified if necessary. The case is hereby REOPENED, and the parties are instructed to proceed in accordance with this ORDER. Signed by District Judge Thomas W Phillips on April 1, 2015. (AYB) Modified fptc date and re-sent order on 4/1/2015 (AYB). (Main Document 68 replaced on 4/1/2015) (AYB, ).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
SUMERU HEALTH CARE GROUP, L.C.
d/b/a/ THE CENTER FOR INTERNAL
MEDICINE AND PEDIATRICS

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Plaintiff,
v.
MICHAEL T. HUTCHENS, et al.

No. 3:02-cv-447

Defendants.
ORDER
This case was originally filed in 2002, but has been closed for administrative purposes
since September 15, 2005 [doc. 62]. The parties appeared for a status conference on March 30,
2015 and represented that this matter is ready to advance toward trial. The following
determinations and agreements were made:
(1) Plaintiff’s counsel will confer with his client to confirm that the Plaintiff wishes to
move forward with this case as soon as he is able. Should Plaintiff chose not to
proceed, counsel will take appropriate action to notify the Defendants and the Court
and to dispose of the case.
(2) The next step toward resolution in this case will be to address the Defendants’ Motion
for Summary Judgment [doc. 43], which is currently pending.
(3) Defendants shall have until and including April 30, 2015 to supplement their Motion
for Summary Judgment [doc. 43].
(4) Plaintiff shall have until and including May 28, 2015 to respond to the Defendants’
supplemented motion [doc. 43].

(5) Oral argument on the Defendants’ Motion for Summary Judgment [doc. 43] will be
held before this Court on June 15, 2015 at 10:00 AM EST.
(6) A final pretrial conference will be held on August 5, 2015 at 10:00 AM EST.
(7) The trial of this case will be held with a jury beginning on Tuesday, August, 18,
2015 at 9:00 AM EST. The trial is expected to take four days or less.
(8) The parties will confer to discuss the possibility of mediating this case. The parties
will keep the Court apprised of mediation attempts as they are scheduled, so that the
dates set in this Order may be modified if necessary.
The following dates and instructions shall apply to the trial of this cause:
a.
Evidence-Presentation Equipment: If one or more of the parties desire
to use the Court’s Digital Evidence Presentation System (DEPS) at trial or for any
pretrial hearing, or if any party intends to use any other electronic, mechanical, or
other equipment to display evidence at trial, notice must be given to the Court’s
courtroom deputy clerk, Mr. Jason Huffaker [phone], Ext. 2275, or at
[e-mail] at least seven (7) days before the pretrial
conference (for trial) or before any pretrial hearing.
b.
Pretrial Disclosures: On or before thirty (30) days before trial, the
parties shall make all pretrial disclosures specified in Fed. R. Civ. P. 26(a)(3),
except as to witnesses (see 6(f) below).
c.
Motions in Limine: All motions in limine must be filed no later than
thirty (30) days before trial. Unless the parties are otherwise notified, motions in
limine which are not resolved prior to the final pretrial conference will be
addressed by the Court at the final pretrial conference.

d.
Pretrial Order: Thirty days before trial, an agreed pretrial order shall be
filed. The order shall contain the following recitals:
1. Jurisdiction.
2. That the pleadings are amended to conform to the pretrial order.
3. Short summary of plaintiff’s theory.
4. Short summary of defendant=s theory.
5. The issues to be submitted to the trial judge or jury.
6. Stipulations of fact.
7. Novel or unusual questions of law or evidence.
8. Estimated length of trial (in working days).
9. Possibility of settlement.
10. Miscellaneous matters that may contribute to the just, speedy, and
inexpensive determination of the case.
Forty-five (45) days before trial (47 days if service by mail), plaintiff’s counsel shall
serve opposing counsel with a proposed pretrial order containing the above items except for the
theory of defendant. Within seven (7) days after receipt thereof, opposing counsel shall furnish
plaintiff’s counsel with defendants’ theory and advise of any disagreement as to the issues or
other matters in the proposed pretrial order. The parties shall make diligent, good faith efforts to
reconcile any differences promptly and without the necessity of the Court's intercession. If the
parties cannot agree on a pretrial order, plaintiff’s counsel shall notify the undersigned's office at
least thirty-one (31) days before trial that the parties have, in a face-to-face conference, been
unsuccessful, after a good faith effort, to agree upon a pretrial order. Thereafter, the undersigned
may enter a pretrial order prior to or after the pretrial conference. Proposed amendments to a
pretrial order entered ex parte by a judge or magistrate judge may be sought by motion filed five
(5) days following entry of the order.
The Clerk may provide counsel with a jury list containing names and personal
information concerning prospective petit jurors (hereafter "the jury list"). Counsel and any other
person provided with the jury list may not share the jury list or information therein except as
necessary for purposes of jury selection. Following jury selection, counsel and any other person
provided the jury list must return to the clerk the jury list and any copies made from the jury list
or destroy them.
Failure to file an agreed pretrial order or to notify the undersigned's office that one cannot
be agreed upon as required herein may be deemed a failure to prosecute the action. See Rule
41(b), Fed. R. Civ. P.
e.
Special Requests to Instruct for Jury Trial: Pursuant to Local Rule
51.1, special requests for jury instructions shall be submitted to the Court no later
than thirty (30) days before trial and shall be supported by citations of authority
pursuant to Local Rule 7.4. There is reserved to counsel for the respective parties

the right to submit supplemental requests for instructions during the course of the
trial or at the conclusion of trial upon matters that cannot be reasonably
anticipated.
f.
Exhibits: All anticipated exhibits will be labeled and numbered prior to
trial. At the inception of trial, counsel will furnish the Court with the original and
one (1) copy of their exhibits. The parties are directed to confer prior to the final
pretrial conference as to the authenticity and admissibility of exhibits and be
prepared to discuss any objections at the pretrial conference.
g.
Witness Lists: Forty-five (45) days before trial, the parties shall file a
final witness list covering the information specified in Rule 26(a)(3). Within five
(5) days after service of a final witness list, such list may be supplemented.
h.
Trial Briefs: At least fifteen (15) days before trial, the parties must file
trial briefs concerning any novel or unusual questions of law that have been
highlighted in the pretrial order.
i.
Use of Depositions at Trial: In the event that a party files an objection
within the time specified by Rule 26(a) to the use under Rule 32(a) of a deposition
designated by another party under subparagraph (B) of Rule 26(a)(3), or any
objection, together with the grounds therefor, that may be made to the
admissibility of materials identified under subparagraph (C) of Rule 26(a)(3), and
desires the Court to consider such objection or objections to be in the nature of a
motion in limine, such objections shall be accompanied by a brief in support of
such objection/motion in limine. Should a hearing be directed by the Court
regarding such motions in limine, the parties shall be notified of the date and time
thereof. Counsel are reminded that objections not so disclosed, other than
objections under Rules 402 and 403, Federal Rules of Evidence, shall be deemed
waived unless excused by the Court for good cause shown.
j.
Motions in Limine: All motions in limine must be filed no later than
thirty (30) days before trial. Such motions will be addressed by the Court at the
final pretrial conference (see No. 7 below), unless the parties are notified
otherwise by the Court.
k.
Matters Preliminary to Trial: If there are matters that require the court’s
attention prior to trial, counsel shall be present and prepared to address those
matters at 8:30 a.m. on the date of trial.
SHOULD THE SCHEDULED TRIAL DATE CHANGE FOR ANY REASON, THE OTHER
DATES CONTAINED IN THIS ORDER SHALL REMAIN AS SCHEDULED. SHOULD

THE PARTIES DESIRE A CHANGE IN ANY OF THE OTHER DATES, THEY SHOULD
NOTIFY THE COURT AND SEEK AN ORDER AS TO THOSE DATES. THIS ORDER
SHALL NOT BE CHANGED WITHOUT GOOD CAUSE.
The case is hereby REOPENED and the parties are instructed to proceed in accordance
with this ORDER:
Enter:

s/ Thomas W. Phillips
UNITED STATES DISTRICT JUDGE