Easter v. Asurion Insurance Services, Inc.
Filing
25
ORDER: Jury Trial set for 4/14/2015 at 09:00 AM in Courtroom A826 before Chief Judge Kevin H. Sharp. Pretrial Conference set for 3/30/2015 at 10:00 AM in Courtroom A826 before Chief Judge Kevin H. Sharp. Exhibit List due by 3/25/2015. Witness List due by 3/25/2015. Joint Proposed Pretrial Order due by 3/25/2015. Signed by Chief Judge Kevin H. Sharp on 3/12/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JENNIFER EASTER
)
)
)
)
)
)
v.
ASURION INSURANCE SERVICES, INC.
NO. 3:13-1372
JUDGE SHARP
ORDER
By previous Order, this case was set for a jury trial on Tuesday, April 14, 2015, beginning
at 9:00 a.m. and for a Final Pretrial Conference on Monday, March 30, 2015, at 3:30 p.m.
The time for the Final Pretrial Conference is reset for 10:00 a.m. the same day. The All lawyers
who will participate in the trial must attend the Final Pretrial Conference.
Counsel shall submit a Joint Proposed Pretrial Order to the Court by Wednesday, March
25, 2015. 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 Wednesday, March 25, 2015, 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 begin on a new page and
shall include citations to supporting authorities. Counsel shall
1
separately file any disputed jury instructions or verdict forms only
after making a good faith effort to prepare a jointly agreed upon
instruction.
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 Monday, March 16, 2015, the parties shall file any motions in limine and any motions
objecting to expert testimony. Any responses to such motions shall be filed by Wednesday, March
25, 2015.
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. There 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 Wednesday, March 25, 2015, the parties shall file briefs on the types of damages
recoverable for each cause of action, supported by legal authority, and, for each type of damages,
whether the amount is determined by the Court or the jury. Additionally, Plaintiff shall provide a
detailed breakout of all damages requested.
2
At the Final Pretrial Conference, counsel shall be prepared to:
(1)
discuss proposed jury instructions and 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.
____________________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?