Miller v. Dairyman Supply Company, Inc.

Filing 118

ORDER RESETTING BENCH TRIAL: Bench Trial set for 1/29/2013 at 9:00 AM before District Judge Aleta A. Trauger. Pretrial Conference set for 1/25/2013 at 1:30 PM before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 1/22/2013. Exhibit List and Witness List due by 1/22/2013. Signed by District Judge Aleta A. Trauger on 8/31/12. (xc:Pro se party by regular and certified mail.)(dt)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
BILLY W. MILLER,
d/b/a Piney Woods Lumber Co.,
Plaintiff/Counter-Defendant/Third-Party
Plaintiff,
v.
DAIRYMAN SUPPLY COMPANY, INC.,
Defendant/Counter-Plaintiff.
v.
RANDY DRIVER, WILLIAM CARTER, and
DALE HIX individually and d/b/a
PERFORMANCE AUTO SALES,
Third-Party Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Civil No. 3:10-0819
Judge Trauger

ORDER RESETTING BENCH TRIAL
1.

Trial setting: This case is set for a bench trial on Tuesday, January 29, 2013, at
9:00 a.m. in Courtroom 873 of the United States Courthouse, 801 Broadway,
Nashville, Tennessee.

2.

Pretrial conference setting: A pretrial conference will be held in Judge Trauger’s
chambers, Room 825 United States Courthouse, 801 Broadway, Nashville,
Tennessee, on January 25, 2013, 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 January 8, 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 that 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 22, 2013:
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;

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 January 11, 2013.
Responses shall be filed by January 22, 2013.

6.

Pretrial Order: By January 22, 2013, 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; and

e.

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

7.

By January 22, 2013, each party shall file proposed findings of fact and
conclusions of law.

8.

Duration of trial: The trial of this case is expected to last 2 days.

It is so ORDERED.
ENTER this 31st day of August 2012.

________________________________
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.