Whittier v. Seattle Tunnel Partners et al

Filing 199

SEVENTH AMENDED JURY TRIAL SCHEDULING ORDER: Jury Trial is set for 5/30/2023 at 09:00 AM in Seattle before Judge Stanley A. Bastian. Pretrial Conference set for 5/9/2023 at 10:00 AM in Seattle before Judge Stanley A. Bastian, Exhibit and Witness Lis ts due by 4/18/2023, Pretrial Exhibit Stipulation due by 5/2/2023, Designation of Testimony due by 3/8/2023, Pretrial Order due by 5/6/2023, Voir dire/jury instructions/trial briefs due by 5/4/2023. Signed by Judge Stanley A. Bastian. (MW)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

WESTERN DISTRICT OF WASHINGTON

8
9 DEVIN WHITTIER, Individually,
10

Plaintiff,

11

v.

NO. 2:17-cv-00751-SAB

12 SEATTLE TUNNEL PARTNERS, a joint

SEVENTH AMENDED JURY

13 venture; and HARRIS REBAR SEATTLE,

TRIAL SCHEDULING ORDER

14 INC., a Delaware corporation,
15

JURY TRIAL SCHEDULED FOR

Defendants.

MAY 30, 2023

16
17

Previously, the Court struck the trial date and pending pretrial deadlines and

18 asked the parties to confer to determine a mutually-available trial date. The parties
19 reported their available dates to the Court and the Court has determined that the
20 new trial date is May 30, 2023.
21

Accordingly, IT IS ORDERED:

22

1. The Court’s Sixth Amended Jury Trial Scheduling Order, ECF No. 164,

23
24

is amended, as follows:
TRIAL DATES

25 1. Jury Trial. The jury trial set is set for May 30, 2023, at 9:00 a.m. in
26 SEATTLE, Washington. Counsel estimates a trial length of 10-14 days.
27 2. Pretrial Conference. An in person pretrial conference will be held on May 9,
28 2023, at 10:00 a.m., in Seattle, Washington.
SEVENTH AMENDED JURY TRIAL SCHEDULING ORDER ~ 1

TRIAL PREPARATION DEADLINES

1

2 3. Exhibit and Witness Lists.
3

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

4 made available for inspection (or copies provided), on or before April 18, 2023.
5

B. Identification: The witness list shall include identification of each

6 witness’s testimony.
7

C. Notation of Exhibits: Where feasible, all exhibits identified in depositions

8 shall be pre-marked with the exhibit numbers that will be used at trial. Plaintiff’s
9 trial exhibits are to be numbered 1 through 199; Defendant’s exhibits are to be
10 numbered 200 and following.
11

D. Objections: Objections to the opposing party’s witness list or exhibit list

12 and any accompanying briefs shall be filed and served on or before April 25, 2023.
13

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

14 before May 2, 2023.
15 4. Pretrial Exhibit Stipulation.
16

A. Stipulation: The parties shall prepare a pretrial exhibit stipulation that

17 shall contain each party's numbered list of all trial exhibits with the opposing
18 party’s objections to each exhibit, including the basis of the objection and the
19 offering party's brief response. All exhibits to which there is no objection shall be
20 deemed admitted, subject to any objections at trial that could not be raised in
21 advance.
22

B. Deadline: The pretrial exhibit stipulation shall be filed on May 2, 2023.

23

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

24 conference.
25 5. Designation of Testimony.
26

A. Designation of Testimony shall be filed on or before March 8, 2023.

27

B. Cross-Designations shall be filed on or before March 15, 2023.

28

C. Objections to Designations shall be filed on or before March 22, 2023.
SEVENTH AMENDED JURY TRIAL SCHEDULING ORDER ~ 2

1

D. If objections are filed, the Court will then schedule a hearing to review

2 all designated testimony and objections so that a final edited version of the
3 deposition testimony can be prepared for trial.
4 6. Pretrial Order.
5

A. Deadline: A joint Pretrial Order, prepared in accordance with the format

6 provided in Local Rule 16.1(b), shall be filed on or before May 6, 2023 and a copy
7 e-mailed in Word format to the Court at [e-mail].
8

B. Consistency: The list of exhibits contained in the joint Pretrial Order shall

9 reflect the exhibit marking scheme described above in paragraph 4(C).
10

C. Duplicative Exhibits: In preparing the joint Pretrial Order, the parties

11 shall confer regarding duplicate exhibits and determine which party will submit
12 such exhibits for trial.
13 7. Trial Briefs and Proposed Voir Dire. Trial briefs and voir dire shall be filed by
14 May 4, 2023.
15 8. Jury Instructions. No later than May 4, 2023, the parties shall file jointly
16 proposed jury instructions.
17

A. Confer. The parties shall confer regarding jury instructions and file

18 jointly proposed jury instructions and a table of proposed Jury Instructions. The
19 jointly proposed Jury Instructions should address only issues that are unique to this
20 case and shall include instructions regarding the elements of each claim, any
21 necessary definitions, and a proposed verdict form.
22

B. Modifications. If any proposed instruction is a modified version of model

23 instructions or deviate from model instructions, the parties shall identify the
24 modification and cite legal authority for the modification.
25 9. Submissions on the First Day of Trial. The Court requires that the following
26 be submitted to the courtroom deputy clerk on the first day of trial:
27

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

28 by exhibit number with exhibit tags placed consistently on the bottom right corner
SEVENTH AMENDED JURY TRIAL SCHEDULING ORDER ~ 3

1 of each exhibit. Counsel shall submit to the Court an original binder and two
2 copied binders of their exhibits together with three discs or flash drives containing
3 the same.
4

B. Exhibit List. One copy of a final joint exhibit list.

5

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

6 are expected to be called to testify.
7

IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

8 this Order and to provide copies to counsel.
9

DATED this 18th day of July 2022.

10
11
12
13
14
15

_____________________________
Stanley A. Bastian
U.S. District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
SEVENTH AMENDED JURY TRIAL SCHEDULING ORDER ~ 4