Carnahan v. Alpha Epsilon Pi Fraternity Inc et al

Filing 165

ORDER SETTING TRIAL DATE AND DEADLINES: Bench Trial is set for 2/1/2022 at 09:00 AM in Seattle before Judge Stanley A. Bastian. Pretrial Conference, held by video, set for 1/10/2022 at 09:00 AM before Judge Stanley A. Bastian. Dispositive motions d ue by 9/22/2021, Motions in Limine due by 12/21/2021, Exhibit and Witness List due by 12/28/2021, Pretrial Exhibit Stipulation due by 1/11/2022, Joint Pretrial Order due by 1/11/2022, Trial Briefs and Proposed Findings of Fact and Conclusions of Law to be submitted by 1/7/2022. Signed by Judge Stanley A. Bastian. (MW)

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

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9 EVAN CANAHAN,
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Plaintiff,

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No. 2:17-CV-0086-SAB

v.

12 DAVID LEON,
Defendant.

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ORDER SETTING TRIAL DATE
AND DEADLINES

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BENCH TRIAL SET FOR

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FEBRUARY 1, 2022 @ 9:00 AM

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A telephonic scheduling conference was held in this matter on May 25,

19 2021. Mark Choate appeared on behalf of Plaintiff and Dylan Jackson and Jeff
20 Sbaih appeared on behalf of Defendant. At the hearing, the Court asked the parties
21 to submit their unavailable dates in order to reset the trial date. The parties have
22 submitted their schedules and thus the Court sets a trial date and case deadlines.
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Accordingly, IT IS HEREBY ORDERED:

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TRIAL DATES

25 1. Bench Trial. The bench trial shall commence on February 1, 2022, at 9:00
26 a.m. in Seattle, Washington. Counsel estimates a trial length of seven (7) days.
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ORDER SETTING TRIAL DATE AND DEADLINES # 1

1 2. Pretrial Conference. A pretrial conference will be held by video on January
2 10, 2022, at 9:00 a.m. Case participants will be provided with separate call-in
3 details by email from the Court’s staff.
MOTION DEADLINES

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5 3. Dispositive Motions. All dispositive motions shall be filed and served on or
6 before September 22, 2021.
7 4. Motions in Limine.
A. Motions in Limine: shall be filed and served on or before December 21,

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9 2021.
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B. Responses: shall be filed and served on or before December 28, 2021.

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C. Replies: shall be filed and served on or before January 4, 2022.

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D. Notation: Motions in limine shall be noted for hearing at the pretrial

13 conference.
TRIAL PREPARATION DEADLINES

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15 5. Exhibit and Witness Lists.
A. Exhibit Lists and Witness Lists: shall be filed and served and exhibits

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17 made available for inspection (or copies provided), on or before December 28,
18 2021.
B. Identification: The witness list shall include identification of each

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20 witness’s testimony.
C. Notation of Exhibits: Where feasible, all exhibits identified in depositions

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22 shall be pre-marked with the exhibit numbers that will be used at trial. Plaintiff’s
23 trial exhibits are to be numbered 1 through 199; Defendant’s exhibits are to be
24 numbered 200 and following.
D. Objections: Objections to the opposing party’s witness list or exhibit list

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26 and any accompanying briefs shall be filed and served on or before January 4,
27 2022.
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ORDER SETTING TRIAL DATE AND DEADLINES # 2

E. Responses: Responses, if any, to objections shall be filed and served on or

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2 before January 11, 2022.
3 6. Pretrial Exhibit Stipulation.
A. Stipulation: The parties shall prepare a pretrial exhibit stipulation that

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5 shall contain each party's numbered list of all trial exhibits with the opposing
6 party’s objections to each exhibit, including the basis of the objection and the
7 offering party's brief response. All exhibits to which there is no objection shall be
8 deemed admitted, subject to any objections at trial that could not be raised in
9 advance.
B. Deadline: The pretrial exhibit stipulation shall be filed on January 11,

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C. Objections to witness and exhibits shall be heard at the pretrial

13 conference.
14 7. Pretrial Order.
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A. Deadline: A joint Pretrial Order, prepared in accordance with the format

16 provided in Local Rule 16.1(b), shall be filed on or before January 11, 2022, and a
17 copy e-mailed in Word format to the Court at [e-mail].
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B. Consistency: The list of exhibits contained in the joint Pretrial Order shall

19 reflect the exhibit marking scheme described above in paragraph 10(A).
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C. Duplicative Exhibits: In preparing the joint Pretrial Order, the parties

21 shall confer regarding duplicate exhibits and determine which party will submit
22 such exhibits for trial.
23 8. Trial Briefs and Proposed Findings of Fact and Conclusions of Law. Trial
24 briefs and proposed findings of fact and conclusions of law shall be filed by
25 January 7, 2022.
26 9. Submissions on the First Day of Trial. The Court requires that the following
27 be submitted to the courtroom deputy clerk on the first day of trial:
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ORDER SETTING TRIAL DATE AND DEADLINES # 3

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A. Exhibits. Exhibits for presentation at the trial in tabbed binders indexed

2 by exhibit number with exhibit tags placed consistently on the bottom right corner
3 of each exhibit. Counsel shall submit to the Court an original binder and two
4 copied binders of their exhibits together with three discs or flash drives containing
5 the same.
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B. Exhibit List. One copy of a final joint exhibit list.

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C. Witness List. One copy of witness lists in the order in which the witnesses

8 are expected to be called to testify.
MODIFICATIONS

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10 10. Good Cause. Pursuant to Rule 16 of the Federal Rules of Civil Procedure, this
11 schedule shall not be modified unless the Court finds good cause to grant leave for
12 modifications.
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IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

14 this Order and to provide copies to counsel.
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DATED this 2nd day of June 2021.

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Stanley A. Bastian
United States District Judge

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ORDER SETTING TRIAL DATE AND DEADLINES # 4