The opinion of the court was delivered by: Magistrate Judge Boyd N. Boland
Trial in this case is set for six days to a jury beginning January 16, 2007, in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. Trial days run from 9:00 a.m. to 5:00 p.m. Counsel should appear at 8:30 a.m. on the first day of trial.
A Final Pretrial Conference is set for October 30, 2006, at 1:30 p.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The parties shall prepare a proposed final pretrial order and submit it to the court on or before October 23, 2006.
The following procedures supplement the Federal Rules of Civil Procedure and the local rules of this court:
At the Final Pretrial Conference
1. The parties shall submit three copies of their final witness lists with an estimate of the time required to complete direct examination. Witnesses shall be listed in the order they will be called. Each witness designated as a "will call" witness shall be counsel's representation, upon which opposing counsel may rely, that the witness will be present and available for testimony at trial.
2. The parties shall submit three copies of their exhibit lists (including joint exhibits). Stipulations as to authenticity and admissibility shall be set fort on the exhibit lists. Counsel shall be prepared at the Final Pretrial Conference to enter into additional stipulations as to the admissibility of exhibits.
1. The parties shall exchange exhibits on or before December 1, 2006. Prior to the Final Pretrial Conference, the parties must confer in an attempt to agree on joint exhibits. The use of joint exhibits avoids duplication and confusion.
2. On or before December 1, 2006, the parties shall designate by page and line all deposition testimony to be offered at trial. Counter-designations must be made on or before December 12, 2006. Any objections to the designated or counter-designated testimony must be marked on a copy of the transcript and provided to the court on or before December 19, 2006. Objections to videotaped testimony will be ruled on at the Final Pretrial Conference to allow editing prior to trial. If written depositions are to be read at trial, the parties must provide the reader.
3. Motions in limine shall be filed on or before December 1, 2006. Responses shall be filed on or before December 19, 2006. No replies are allowed without leave of court.
4. On or before December 9, 2006, counsel shall notify my courtroom deputy of the need for any special accommodations required by an attorney, party, or witness; and of the need for technological equipment, including videoconferencing, equipment required for the presentation of evidence using CDRom, and any equipment required for other electronic presentation of evidence.
5. The parties shall submit to the Courtroom Deputy on or before December 15, 2006, the original exhibits, properly marked and filed in notebooks. Plaintiffs' exhibits should be marked with yellow labels, designated by numbers. Defendant's exhibits should be marked with blue labels, designated by alphabetical letters. If defendant has more than 26 exhibits, please mark them as A-1 through Z-1, A-2 through Z-2, etc. Do not use double or triple letters. Joint exhibits should be marked with white labels, designated by numbers. The civil action number should appear on each exhibit sticker. Exhibits with more than one page shall have each page separately numbered. Dividers with the exhibit number must be placed between each exhibit for ease of reference.
The parties also shall submit two copies of the exhibit notebooks for use by the court and one copy ...