Arnold v. Federal-Mogul Products, Inc. et al
ORDER: Jury Trial set for 12/9/2014 at 9:00 AM before District Judge Kevin H. Sharp. Pretrial Conference set for 12/1/2007 at 1:30 PM before District Judge Kevin H. Sharp. Exhibit List due and Witness List due by 11/26/2014. Proposed Pretrial Order due by 11/26/2014. Signed by District Judge Kevin H. Sharp on 7/24/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
FEDERAL MOGUL-PRODUCTS, et al.,
This case is hereby set for a jury trial on Tuesday, December 9, 2014 beginning at 9:00
a.m. and for a Final Pretrial Conference on Monday, December 1, 2007, at 1:30 p.m. Both set
in Cookeville, Tennessee. All lawyers who will participate in the trial must attend the Final
Counsel shall submit a Joint Proposed Pretrial Order to the Court by Wednesday,
November 26, 2014. The Pretrial Order shall contain: (1) a recitation that the pleadings are
amended to conform to the Pretrial Order and that the Pretrial Order supplants the pleadings; (2)
a statement of the basis for jurisdiction in this Court; (3) a short summary of the Plaintiff's theory
(no more than one page); (4) a short summary of the Defendant’s theory (no more than one
page); (5) a statement of the issues, including a designation of which issues are for the jury and
which are for the Court; (6) a succinct statement of the relief sought; (7) a summary of any
anticipated evidentiary disputes; and (8) an estimate of the anticipated length of the trial.
The parties shall also submit to the Court by Wednesday, November 26, 2014, the
joint proposed jury instructions and verdict forms as follows:
Counsel shall exchange proposed jury instructions on the
substantive law of this specific case and proposed verdict forms
and confer to reach agreement. Thereafter, counsel shall jointly
prepare and file a set of agreed proposed case specific jury
instructions and verdict forms. Each proposed jury instruction shall
begin on a new page and shall include citations to supporting
authorities. Counsel shall separately file any disputed jury
instructions or verdict forms only after making a good faith effort
to prepare a jointly agreed upon instruction.
Certain standard, non-case specific jury instructions generally used
by the Court are available on the Court’s website:
witness lists in accordance with Fed. R. Civ. P. 26(a)(3);
exhibit lists in accordance with Fed. R. Civ. P. 26(a)(3); and
By Monday, November 17, 2014, the parties shall file any motions in limine and any
motions objecting to expert testimony. Any responses to such motions shall be filed by
Wednesday, November 26, 2014.
Expert witness disclosures shall be made timely in accordance with Fed. R. Civ. P.
26(a)(2) or as otherwise ordered by the Court. Expert witness disclosure statements shall not be
supplemented after the applicable disclosure deadline, absent leave of Court. No expert witness
shall testify beyond the scope of his or her expert witness disclosure statement. The Court may
exclude the testimony of an expert witness, or order other sanctions, for violation of expert
witness disclosure requirements or deadlines. There shall be no rebuttal expert witnesses, absent
leave of Court.
Responses to interrogatories, requests for production and requests for admissions shall be
supplemented timely, if necessary, in accordance with Fed. R. Civ. P. 26(e) no later than thirty
(30) days before trial, absent leave of Court. The Court may exclude evidence, or order other
sanctions, for violation of a duty or deadline to supplement discovery responses.
By Wednesday, November 26, 2014, the parties shall file briefs on the types of damages
recoverable for each cause of action, supported by legal authority, and, for each type of
damages, whether the amount is determined by the Court or the jury. Additionally, Plaintiff shall
detailed breakout of all damages requested.
At the Final Pretrial Conference, counsel shall be prepared to:
discuss proposed jury instructions and verdict forms;
identify and discuss undisputed facts and issues;
discuss the status of discovery;
preview proposed testimony;
discuss expert testimony;
preview proposed exhibits;
discuss motions in limine;
discuss pretrial briefs; and
Pre-trial briefs shall be filed seven (7) working days prior to trial.
There shall be no motions to continue filed after the date of the Final Pretrial Conference
absent extraordinary circumstances. If a settlement is reached after jurors have been summoned,
resulting in the non-utilization of the jurors, the costs of summoning the jurors may be taxed to
It is so ORDERED.
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE
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