Everson v. SCI Tennessee Funeral Services, LLC

Filing 52

ORDER: Jury Trial set for 10/10/2017 at 9:00 AM before Judge Curtis Collier. Final Pretrial Conference set for 9/26/2017 at 2:00 PM in Courtroom 783 before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 5/19/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
OMMER EVERSON,
Plaintiff
v.
SCI TENNESSEE FUNERAL
SERVICES, LLC,
Defendant

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No. 3:15-cv-1478
Judge Collier/Brown
JURY DEMAND

REQUIREMENTS AND INFORMATION FOR FINAL PRETRIAL CONFERENCE

A final pretrial conference will be held in Courtroom 783
on September 26, 2017, at 2:00 p.m., before the Magistrate Judge.
MATTERS TO BE COMPLETED BEFORE PRETRIAL CONFERENCES:
1.

Joint Proposed Pretrial Order. Counsel are directed

to meet prior to the pretrial conference and prepare a joint
proposed pretrial order, titled “Final Pretrial Order,” for
submission to the District Judge no later than one business day
before the date of the final pretrial conference in approximately
the following form:
This matter having come before the Court on ___, at
a pretrial conference pursuant to Rule 16 of the Federal
Rules of Civil Procedure, and ___ having appeared as
counsel for the plaintiff(s), and ___ having appeared as
counsel for the defendant(s), the following action was
taken:
(1) Jurisdiction. This is an action for [breach of
contract, personal injury, etc.]. Jurisdiction of the
Court is invoked pursuant to ___ U.S.C. § ___. The
jurisdiction of the Court is [disputed/not disputed].
(2)

General Nature of the Claims of the Parties:

(a) Stipulated facts [set out uncontroverted
facts, including admitted jurisdictional facts and all
other significant facts concerning which there is no
genuine issue].
(b) Plaintiff theory [set out brief summary
without detail].
(c) Defendant theory [set out brief summary
without detail].
(d) All other parties claim(s) [same type of
statement where third parties are involved].
(3) Contested Issues of Law: The contested issues
of law are [set these out, including any pending
motions]. OR There are no special issues of law to be
resolved.
(4) Exhibits. The parties have disclosed all
exhibits in accordance with Fed. R. Civ. P. 26(a)(3)(C).
All exhibits to be introduced have been premarked in such
a way as to allow the Court to determine which party is
offering them. The parties have prepared a joint list of
exhibits. Three copies of this list have been provided to
the Court at the final pretrial conference. If this case
is nonjury, a copy of each exhibit has been furnished to
the Court at the final pretrial conference. The parties
have endeavored to stipulate the admissibility of all
exhibits.
The
parties
cannot
stipulate
to
the
admissibility of the following exhibits: [here list any
such exhibits.]
(5) Witnesses. The parties have disclosed all
witnesses in accordance with Fed. R. Civ. P. 26(a)(3)(A).
A list comprised of the names of all witnesses, their
addresses and telephone numbers, is as follows:
(i) List for plaintiff(s);
(ii) List for defendant(s).
(6) Other Matters.
This case is set for trial
before the United States District Judge [or the United
States Magistrate Judge] and a jury [without intervention
of a jury] at 9:00 a.m. on ___. Counsel shall be present
at 9:00 a.m. on the first day of trial to take up any
preliminary matters. The probable length of trial is ___
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days. The parties should be prepared for trial on the
date which has been assigned. If this case is not heard
immediately, it will be held in line until the following
day or any time during the week of the scheduled trial
date.
[NOTE: As it has been contended that the failure
to include a jury demand in the final pretrial
order is a waiver of the jury demand, your
attention is invited to being certain to set forth
your jury demand if it is your intention to have a
jury trial.]
(7) This final pretrial order shall supplant the
pleadings.
APPROVED FOR ENTRY:
United States Magistrate Judge
APPROVED AS TO FORM AND SUBSTANCE:
/s/
Attorney for Plaintiff(s)
/s/
Attorney for Defendant(s)
2.

Courtroom Technology. At least seven days before

the final pretrial conference, the parties shall disclose, to one
another and to the Court, technology they intend to use in the
courtroom during the trial and how they intend to use it (e.g.,
display equipment; data storage, retrieval, or presentation
devices). This disclosure shall list (1) equipment they intend to
bring into the courtroom to use, and (2) equipment supplied by
the Court the parties intend to use. Further, the parties shall
disclose to one another the content of their electronic or

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digital materials, and shall confirm the compatibility and
viability of their planned use of technology with the Court’s
equipment on or before the date of the final pretrial conference.
In order to best facilitate presentation of evidence at trial,
parties are strongly encouraged to provide their exhibits to the
courtroom deputy on the date of the final pretrial conference, or
at least seven days prior to trial. Specific questions about
Court-supplied equipment should be directed to the Magistrate
Judge’s courtroom deputy.
3.

Motions in Limine. Any motions in limine must be

filed no later than 30 days before the trial date.
4.

Special Requests to Instruct for Jury Trial.

Pursuant to Local Rule 51.01, requests for jury instructions
shall be submitted to the Court no later than seven days before
the final pretrial conference, and shall be supported by
citations of authority. A copy of the prepared instructions
should be filed with the Court and sent as a Microsoft Word
document or in a compatible format to
[e-mail] and
[e-mail].
The parties shall confer and submit joint proposed jury
instructions to the extent possible. Before submitting proposed
instructions to the Court, the parties must attempt to resolve
any disagreements.

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The trial of this case will be held in Nashville,
Tennessee, before the United States District Judge beginning on
October 10, 2017. The trial is expected to last three days (from
Docket Entry 10). The parties shall be prepared to commence trial
at 9:00 a.m. on the date which has been assigned. If this case is
not heard immediately, it will be held in line until the
following day or any time during the week of the scheduled trial
date.
The parties are also referred to Judge Collier’s
judicial preferences which may be found at www.tned.uscourts.gov.
It is so ORDERED.
/s/
Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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