CHS/Community Health Systems, Inc. et al v. Lexington Insurance Company et al

Filing 236

ORDER: The Jury Trial is reset for 5/12/2015 at9:00 AM and the Pretrial Conference is reset for 5/1/2015 at 10:00 AM before Senior Judge John T. Nixon. Exhibit List, Witness List, and Proposed Pretrial Order due by 4/24/2015. Counsel should read the order in its entirety for all other deadlines and information. Signed by Magistrate Judge Juliet E. Griffin on 8/5/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CHS/COMMUNITY HEALTH
SYSTEMS, INC.; TRIAD
HEALTHCARE CORPORATION; and
QUORUM HEALTH RESOURCES,
LLC,
Plaintiffs/Counter-Defendants
and
UNITED TORT CLAIMANTS,
Plaintiff Intervenor/
Counter-Defendant
v.
LEXINGTON INSURANCE
COMPANY; and IRONSHORE
SPECIALTY INSURANCE COMPANY
Defendants/Counter-Plaintiffs.

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No. 3-11-0449
Consolidated with Case No. 3-1-048

ORDER
Counsel for the parties called the Court on July 10, 2014, and July 16, 2014, at the conclusion
of which it became clear to the Court that the trial, scheduled on January 27, 2015, should be
rescheduled.
In consultation with the office of the Honorable John T. Nixon, the trial is RESCHEDULED
to Tuesday, May 12, 2015, at 9:00 a.m., in Courtroom 774, U.S. Courthouse, 801 Broadway,
Nashville, TN. The parties estimate that the trial will last up to two weeks.
The parties are directed to contact Ms. Mary Conner, courtroom deputy to Judge Nixon, by
no later than 12:00 noon on Friday, May 8, 2015, if this case has settled. Failure to provide such
notification in the event the parties have settled the case may result in assessment of costs against
the parties and/or their attorneys, including but not limited to the costs of summoning the jurors.
A pretrial conference is also scheduled before Judge Nixon on Friday, May 1, 2015, at
10:00 a.m., in Chambers, 770 U.S. Courthouse.
By April 3, 2015, counsel shall advise opposing counsel of those portions of any depositions
to be read to the jury or those portions of video depositions to be viewed by the jury, in accord with

Local Rule 32.01(b) and Rule 26(a)(3)(A)(ii) of the Federal Rules of Civil Procedure, and shall serve
a list of the expected witnesses and exhibits in accord with Rule 26(a)(3)(A)(i) and (iii) of the
Federal Rules of Civil Procedure.
By April 13, 2015, the parties shall file any motions in limine, any Daubert motions and/or
motions relating to expert testimony, any evidentiary objections to deposition testimony, in accord
with Local Rules 32.01(b) and 39.01(d)(1) and Rule 26(a)(3)(B), and any objections to proposed
exhibits in accord with Rule 26(a)(3)(B).
Any responses to such motions in limine, any responses to any Daubert motions and/or
motions relating to expert testimony, and any responses to objections to deposition testimony and
proposed exhibits shall be filed by April 24, 2015.
By April 24, 2015, the parties shall also:
1.

File a proposed joint pretrial order, which shall include:
(a)

a recitation that the pleadings are amended to conform to the pretrial order
and that the pretrial order supplants the pleadings;

(b)

a short summary of the plaintiff's theory (no more than one page);

(c)

a short summary of the intervenor's theory (no more than one page);

(d)

a short summary of the defendants' theories (no more than one page each);

(e)

a succinct statement of the relief sought;

(f)

a statement of the issues, including a designation of which issues are for the
jury and which issues are for the Court;

(g)

Any special trial procedural issues;

(h)

A summary of any anticipated evidentiary issues;

(i)

A statement that counsel have complied with Rule 26(e) of the Federal
Rules of Civil Procedure; and

(j)
2.

The estimated length of the trial.

File pretrial briefs, including:
2

(a)

a concise statement of the facts;

(b)

a concise statement of the issues;

(c)

a statement of the propositions of law upon which counsel relies, together
with citations of authorities in support thereof;

(d)

those evidentiary rulings counsel anticipates may arise and the legal
authorities upon which counsel relies in support of his contentions;
and

(e)

what damages are recoverable and, where applicable, a proposed method of
reducing future damages to present value.

3.

File any deposition transcripts that the parties expect to use at trial;

4.

Serve and file their respective final lists of witnesses and exhibits;

5.

File a listing of all agreed stipulations;1 and

6.

File proposed jury instructions, any special interrogatories, and any special verdict

forms.2
The parties shall premark all exhibits and comply with Local Rule 39.01(c)(4).
It is so ORDERED.

JULIET GRIFFIN
United States Magistrate Judge

1

Counsel shall attempt to good faith to stipulate to the authenticity of exhibits, and shall
stipulate to any matters as to which there is no genuine issue or to which counsel does not intend to
object. Objections to authenticity of exhibits and any proposed stipulation to which another party
objects will be addressed at the pretrial conference. Objections as to admissibility and relevancy may
be reserved until the time of trial or addressed in the context of motions in limine.
2

Counsel shall confer and jointly prepare and file a set of agreed, proposed instructions and
verdict forms. Each proposed jury instruction shall begin on a new page and shall include citations
to supporting authorities. The parties may separately file any disputed jury instructions or verdict
forms.
3