Appalseed Productions, Inc. et al v. Escape Media Group, Inc.

Filing 16

ORDER SETTING CASE FOR TRIAL: Jury Trial set for 4/2/2013 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference set for 3/29/2013 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 3/26/2013. Signed by District Judge Aleta A. Trauger on 10/26/2011. (hb)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
APPALSEED PRODUCTIONS, INC., d/b/a
Appalsongs, et al.,
Plaintiffs,
v.
ESCAPE MEDIA GROUP, INC.,
Defendant.

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Civil No. 3:11-0681
Judge Trauger

ORDER SETTING CASE FOR TRIAL
1.

Trial setting: This case is set for jury trial on Tuesday, April 2, 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 shall be held in Judge Trauger’s
chambers, Room 825 United States Courthouse, 801 Broadway, Nashville,
Tennessee, on March 29, 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 March 12, 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 which 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
March 26, 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; and

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 March 15, 2013.
Responses shall be filed by March 26, 2013.

6.

Pretrial Order: By March 26, 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, with a designation of whether the
issue is for the jury or the judge; and

e.

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

7.

Duration of trial: The trial of this case is expected to last 8 days.

8.

Jury costs: If the case settles closer to trial than two business days, the cost of
summoning the jury may be assessed against the parties.

It is so ORDERED.
ENTER this 25th day of October 2011.

________________________________
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.