Cherry v. Macon Hospital, Inc. et al

Filing 41

ORDER: Trial resetting: This case is reset for jury trial on Tuesday, January 14, 2014, at 9:00 a.m. in Courtroom 873 of the United States Courthouse, 801 Broadway, Nashville, Tennessee. Pretrial conference resetting: A pretrial conference shall b e held in Judge Trauger's chambers, Room 825 United States Courthouse, 801 Broadway, Nashville, Tennessee, on January 10, 2014, at 1:30 p.m. Lead counsel for each party must attend the pretrial conference. If lead counsel is not from Tennessee, local counsel must also attend. Signed by District Judge Aleta A. Trauger on 2/5/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
DAVID CHERRY, personal representative of the
Estate of Pamela Cherry, deceased,
Plaintiff,
v.
MACON HOSPITAL, INC., d/b/a Macon County
General Hospital, and HANNA C. ILIA, M.D.,
Defendants.

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Civil No. 2:12-0043
Judge Trauger

ORDER RESETTING JURY TRIAL
1.

Trial resetting: This case is reset for jury trial on Tuesday, January 14, 2014, at
9:00 a.m. in Courtroom 873 of the United States Courthouse, 801 Broadway,
Nashville, Tennessee.

2.

Pretrial conference resetting: A pretrial conference shall be held in Judge
Trauger’s chambers, Room 825 United States Courthouse, 801 Broadway,
Nashville, Tennessee, on January 10, 2014, at 1:30 p.m. Lead counsel for each
party must attend the pretrial conference. If lead counsel is not from Tennessee,
local counsel must also attend.

3.

Information exchanged but not filed: By December 24, 2013, the parties shall
exchange copies of exhibits and make available for examination by any opposing
party the original of all exhibits. By this same date, the parties shall exchange
designations of portions of depositions which are to be read into evidence during
the case in chief. The parties should attempt to agree on additions to the
designations necessary to put responses into context.

4.

Filings required prior to pretrial conference: The following shall be filed by
January 7, 2014:
a.

witness lists;

b.

exhibit lists (Plaintiff’s exhibits shall be premarked as “P-1, P-2,” etc.;
defendant’s exhibits shall be premarked as “D-1, D-2,” etc. The
authenticity of exhibits should be stipulated to if at all possible. Failure to
include an exhibit on this exhibit list will result in its not being admitted
into evidence at trial, except upon a showing of good cause.);

c.

stipulations; and

d.

expert witness statements as described in Local Rule 39.01(c)(6)c.1

5.

Motions in limine: Motions in limine shall be filed by December 27, 2013.
Responses shall be filed by January 7, 2014.

6.

Pretrial Order: By January 7, 2014, the parties shall file a joint proposed Pretrial
Order which shall contain the following:
a.

a recitation that the pleadings are amended to conform to the Pretrial
Order and that the Pretrial Order supplants the pleadings;

b.

the jurisdictional basis for the action and whether jurisdiction is disputed;

c.

a short summary of each party’s theory (prepared by the party);

d.

a listing of the contested issues of law, with a designation of whether the
issue is for the jury or the judge; and

e.

a listing of known evidentiary disputes, including those involving
deposition designations.

7.

Duration of trial: The trial of this case is expected to last 5-7 days.

8.

Jury costs: If the case settles closer to trial than two business days, the cost of
summoning the jury may be assessed against the parties.

It is so ORDERED.
ENTER this 4th day of February 2013.

________________________________
ALETA A. TRAUGER
U.S. District Judge

1

Judge Trauger requires the filing of medical expert (as opposed to treating physician)
statements as well. The exclusion for medical expert statements in the referenced Local Rule
does not apply in her court.