The opinion of the court was delivered by: Magistrate Judge Boyd N. Boland
Trial in this case is set for three days to a jury beginning February 12, 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 January 8, 2007, at 9:30 a.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 29, 2006.
The following procedures supplement the Federal Rules of Civil Procedure and the local rules of this court:
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 15, 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 January 2, 2007. 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 15, 2006. No replies are allowed without leave of court.
4. On or before January 8, 2007, 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 proposed jury instructions on or before January 7, 2007, one with authorities cited and one without. To the extent possible, the parties shall submit joint jury instructions. Disputed jury instructions must be noted. Counsel are to submit instructions on a disc compatible with WordPerfect 12.
6. Pursuant to D.C.COLO.LCivR 54.2, in order to avoid the assessment of jury costs, counsel must notify the Clerk of the Court and my chambers of a settlement before twelve o'clock noon on the last business day before the scheduled trial date.
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 ...