Freeman et al v. Troutt et al

Filing 97

ORDER: Jury Trial set for 5/20/2014 at 9:00 AM before District Judge Kevin H. Sharp. Pretrial Conference set for 5/14/2014 at 1:30 PM in Courtroom 661 before Magistrate Judge E. Clifton Knowles. Exhibit List and Witness List due by 5/5/2014. Proposed Pretrial Order due by 5/5/2014. Signed by Magistrate Judge E. Clifton Knowles on 8/7/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
ROBERT FREEMAN, et al.

)
)
)
)
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v.
SONYA TROUTT, et al.

Civil Action No. 3:12-0266
Judge Sharp/Knowles

O R D E R
In a previous Order, this case was set for a jury trial on
Tuesday, May 20, 2014, beginning at 9:00 a.m. before the
Honorable Kevin H. Sharp. Docket No. 86.

The final pretrial

conference is set for May 12, 2014, at 1:30 p.m. before
Magistrate Judge Knowles, in Courtroom 661, 801 Broadway,
Nashville, Tennessee, 37203.

All litigants who will participate

in the trial must attend the Final Pretrial Conference.
Litigants shall submit a Joint Proposed Pretrial Order to
the Court by May 5, 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 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 May 5, 2014,
the following:
(1)

joint proposed jury instructions and verdict forms as
follows:
Litigants shall exchange proposed jury instructions
on the substantive law of this specific case and
proposed verdict forms and confer to reach an
agreement. Thereafter, litigants 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. Litigants 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 or 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 April 25, 2014, the parties shall file any motions in
limine and any motions objecting to expert testimony.

Any

responses to such motion shall be filed by May 5, 2014.
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.

The 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 May 5, 2014, 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, litigants shall be
prepared to:
(1)

discuss proposed jury instructions an 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.

_____________________________
E. CLIFTON KNOWLES
United States Magistrate Judge