Roth v. Office Depot, Inc.
ORDER: Jury Trial set for 5/28/2013 at 9:00 AM before District Judge Kevin H. Sharp. Pretrial Conference set for 4/29/2013 at 2:00 PM before District Judge Kevin H. Sharp. Exhibit List and Witness List due by 4/24/2013. Proposed Pretrial Order due by 4/24/2013. Signed by District Judge Kevin H. Sharp on 3/6/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
GILBERT J. ROTH
OFFICE DEPOT, INC
By previous Order, this case was set for a jury trial on Tuesday, May 28, 2013, beginning
at 9:00 a.m. and for a Final Pretrial Conference on Monday, April 29, 2013, at 2:00 p.m. All
lawyers who will participate in the trial must attend the Final Pretrial Conference.
Counsel shall submit a Joint Proposed Pretrial Order to the Court by Wednesday, April 24,
2013. 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, April 24, 2013, the following:
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
If technologically possible, the parties shall submit a Word Perfect or
Word compatible computer disk of the agreed proposed jury
instructions and verdict forms with the hard copy.
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, April 15, 2013, 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, April
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, April 24, 2013, the parties shall file briefs on the types of damages
recoverable and, for each, whether the amount is determined by the Court or the jury.
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 the
It is so ORDERED.
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE
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