Gilmer v. T. R. Franklin, Inc. et al

Filing 169

ORDER granting re 164 MOTION to Continue Trial. Exhibit List due by 5/8/2014. Witness List due by 5/8/2014. Joint Proposed Pretrial Order due by 5/8/2014. Jury Trial set for 6/10/2014 at 9:00 AM in Courtroom 874 before District Judge To dd J. Campbell. Pretrial Conference set for 5/15/2014 at 12:00 PM in Courtroom 874 before District Judge Todd J. Campbell. Signed by District Judge Todd J. Campbell on 1/27/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

MATTHEW GILMER
v.
T.R. FRANKLIN, INC., et al.

)
)
) NO. 3-10-0969
) JUDGE CAMPBELL
)

ORDER
Pending before the Court is Plaintiff’s Motion to Continue Trial (Docket No. 164).
Defendant T.R. Franklin has filed a Response in Opposition to Plaintiff’s Motion (Docket No. 166).
Defendants NDG Properties and Gregory Hanson have filed Responses indicating that they do not
oppose the Plaintiff’s Motion (Docket Nos. 167 and 168.
Plaintiff’s Motion is GRANTED. The jury trial of this action, currently set for March 4,
2014, is CONTINUED until Tuesday, June 10, 2014, beginning at 9:00 a.m. The pretrial conference,
currently set for February 24, 2014, is CONTINUED until May 15, 2014, at noon. All lawyers who
will participate in the trial must attend the pretrial conference.
Pretrial Filing Deadlines
Counsel shall submit a Joint Proposed Pretrial Order to the Court by May 8, 2014. 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, 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 May 8, 2014, 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
include citations to supporting authorities. Counsel shall separately file any disputed jury
instructions or verdict forms.
(2) witness lists, except for witnesses solely for impeachment in accordance with Fed. R.
Civ. P. 26(a)(3);
(3) exhibit lists, except for documents solely for impeachment in accordance with Fed. R.
Civ. P. 26(a)(3); and
(4) any stipulations.
Motions in Limine and Objections to Experts
By May 1, 2014, the parties shall file any motions in limine and any motions objecting to
expert testimony. Any responses to such motions shall be filed by May 8, 2014.
Discovery
Expert witness disclosures shall be made timely, in accordance with Local Rule 39.01(c)(6)d.
Supplemental 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. Objections to the use
of a deposition at trial shall be made timely in accordance with Local Rules 32.01(b) and

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39.01(d)(1).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.
Pretrial Conference
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;
(7) discuss proposed jury instructions and verdict forms;
(8) discuss settlement; and
(9) discuss pretrial briefs.
IT IS SO ORDERED.

______________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE

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