New Hampshire Insurance Co. v. Blackjack Cove, LLC et al

Filing 146

ORDER: Jury Trial set for 8/20/2013 at 9:00 AM before District Judge Kevin H. Sharp. Pretrial Conference set for 7/29/2013 at 2:00 PM before District Judge Kevin H. Sharp. Exhibit List due by 7/24/2013. Witness List due by 7/24/2013. Proposed Pretrial Order due by 7/24/2013. Signed by District Judge Kevin H. Sharp on 6/25/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

NEW HAMPSHIRE INSURANCE CO.
v.
BLACKJACK COVE, LLC, et al.,

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NO. 3:10-0607
JUDGE SHARP

ORDER

By previous Order, this case was set for a jury trial on Tuesday, August 20, 2013,
beginning at 9:00 a.m. and for a Final Pretrial Conference on Monday, July 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, July
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, July 24, 2013, the following:
(1)

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.
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:
http://www.tnmd.uscourts.gov/judge_sharp.
(2)

witness lists in accordance with Fed. R. Civ. P. 26(a)(3);

(3)

exhibit lists in accordance with Fed. R. Civ. P. 26(a)(3); and

(4)

stipulations.

By Monday, July 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,
July 24, 2013.
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, July 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:
(1)

discuss proposed jury instructions and verdict forms;

(2)

identify and discuss undisputed facts and issues;

(3)

discuss the status of discovery;

(4)

preview proposed testimony;

(5)

discuss expert testimony;

(6)

preview proposed exhibits;

(7)

discuss motions in limine;

(8)

discuss pretrial briefs; and

(9)

discuss settlement.

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 parties.
It is so ORDERED.

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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE