Rosson v. Wyndham Vacation Resorts, Inc. et al

Filing 157

ORDER: Plaintiff's First MOTION to Continue Trial 155 is Granted. Bench Trial set for 10/2/2012 at 9:00 AM before Chief Judge Todd J. Campbell. Pretrial Conference set for 9/24/2012 at 9:00 AM before Chief Judge Todd J. Campbell. Proposed Pretrial Order due by 9/17/2012. Exhibit List and Witness List due by 9/17/2012. Signed by Chief Judge Todd J. Campbell on 1/18/12. (dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JANA ROSSON
v.
WYNDHAM VACATION
RESORTS, INC., et al.

)
)
) NO. 3-10-0429
) JUDGE CAMPBELL
)
)
ORDER

Pending before the Court is Plaintiff’s First Motion to Continue Trial (Docket No. 155), to
which Defendants have filed a Response in opposition (Docket No. 156). Plaintiff’s Motion is
GRANTED.
Accordingly, the bench trial set for February 7, 2012, is continued until Tuesday, October 2,
2012, beginning at 9:00 a.m. The pretrial conference, currently set for January 30, 2012, is continued
until Monday, September 24, 2012 at 9:00 a.m. All lawyers who will participate in the trial must
attend the pretrial conference.
Counsel shall submit a Joint Proposed Pretrial Order to the Court by September 17, 2012. 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 Defendants' theory (no more than one page); (5) a statement of the issues; (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 September 17, 2012, witness lists, except for
witnesses solely for impeachment in accordance with Fed. R. Civ. P. 26(a)(3); exhibit lists, except for
documents solely for impeachment in accordance with Fed. R. Civ. P. 26(a)(3); and any stipulations.

By September 10, 2012, the parties shall file any additional motions in limine and any motions
objecting to expert testimony. Any responses to such motions shall be filed by September 17, 2012.
Expert witness disclosures shall be made timely, in accordance with Local Rule39.01(c)(6)d.
Responses to interrogatories, requests for production and requests for admissions shall be made timely
in accordance with Local Rules 33.01(c), 34.01 and 36.01. The Court may exclude evidence, or order
other sanctions, for violation of a duty or deadline to make or supplement expert witness disclosures
or discovery responses.
In addition, the parties shall file pretrial briefs, on or before September 17, 2012, and shall
specifically address what damages are recoverable in this action and a proposed method of reducing
any future damages to present value.
Counsel shall be prepared, at the Pretrial Conference, to:
(1) identify and discuss undisputed facts and issues;
(2) discuss the status of discovery;
(3) preview proposed testimony;
(4) discuss expert testimony;
(5) preview proposed exhibits;
(6) discuss motions in limine; and
(7) discuss settlement.
IT IS SO ORDERED.
______________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE

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