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Kerber v. Qwest Pension Plan

February 14, 2006

EDWARD J. KERBER, NELSON B. PHELPS, JOANNE WEST, NANCY A. MEISTER, THOMAS J. INGEMANN, JR., INDIVIDUALLY, AND AS REPRESENTATIVE OF PLAN PARTICIPANTS AND PLAN BENEFICIARIES OF THE QWEST PENSION PLAN, PLAINTIFFS,
v.
QWEST PENSION PLAN, QWEST EMPLOYEES BENEFIT COMMITTEE, QWEST PENSION PLAN DESIGN COMMITTEE, AND QWEST COMMUNICATIONS INTERNATIONAL, INC., DEFENDANTS.



The opinion of the court was delivered by: Magistrate Judge Boyd N. Boland

TRIAL PROCEDURES ORDER

This case is set for a four day trial to the court beginning January 22, 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 December 18, 2006, at 3:00 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 December 11, 2006.

The following procedures supplement the Federal Rules of Civil Procedure and the local rules of this court: Miscellaneous Deadlines

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 November 15, 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 1, 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 11, 2006.

3. Motions in limine shall be filed on or before December 1, 2006. Responses shall be filed on or before December 11, 2006. No replies are allowed without leave of court.

4. On or before December 18, 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.

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.

3. The parties shall submit to the Courtroom Deputy 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 for use by opposing counsel.

4. The parties must file and serve their objections to exhibits. The objections shall state concisely the evidentiary grounds for the objection and the legal authority supporting the objection. If the authority is a Federal Rule of Evidence, the Rule shall be cited; if the ...


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