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Macomber v. American Family Mutual Insurance Co.

United States District Court, D. Colorado

February 19, 2016

PAUL MACOMBER, JR. And JENNIFER MACOMBER, Plaintiffs,
v.
AMERICAN FAMILY MUTUAL INSURANCE, CO., a foreign corporation, Defendant.

SECOND TRIAL PREPARATION CONFERENCE ORDER

Robert E. Blackburn United States District Judge.

Pursuant to Fed.R.Civ.P. 16(e), D.C.COLO.LCivR 16.3, and D.C.COLO.LCivR 43.1, the court enters this Second Trial Preparation Conference Order.

IT IS ORDERED as follows:

1. That trial by jury shall commence September 12, 2016, at 8:30 a.m. (MDT), in courtroom A1001, located on the 10th Floor North, of the Alfred A. Arraj, United States Courthouse Annex, 90119th Street, Denver, Colorado 80294, at which all parties shall appear in person without further notice, order, or subpoena;

2. That the court reserves five (5) days for trial: Monday, September 12, 2016, through Friday, September 16, 2016;

3. That counsel and any pro se party shall appear in courtroom A1001 on the first day of trial at 8:00 a.m., to review and discuss with the courtroom deputy clerk and the court, if necessary, any final details, arrangements, or requirements concerning the trial;

4. That a combined Final Pretrial Conference and Trial Preparation Conference (conference) shall commence on August 24, 2016, at 10:00 a.m. (MDT), in courtroom A1001;

5. That lead counsel and any pro se party shall attend the conference;

6. That for use and consideration during the conference, the parties shall file in CM/ECF and submit via email to blackburnchambers@cod.uscourts.gov a proposed Final Pretrial Order in the time, manner, and form prescribed by D.C.COLO.LCivR 16.3 and the “Instructions for Preparation of Final Pretrial Order” in the Local Rules of Practice - Forms[1]; except that the proposed final pretrial order under section “6.EXHIBITS” shall not require the parties to list the exhibits to be offered by each party as otherwise required under subsection “a” (See instead, paragraph 8, infra.), and shall provide under subsection “b” that copies of exhibits must be provided to opposing counsel or any pro se party no later than 45 days before trial and that objections to the exhibits must be served by personal delivery, electronic mail, or facsimile no later than 30 days before trial;

7. That at the outset of the conference, the parties shall submit one Parties’ Joint Exhibit List on the form required by the court (an original for the court with copies for the courtroom deputy clerk, the court reporter, and all other parties) and in addition to the information required to be submitted under section “6.WITNESSES” of the final pretrial order, each party shall submit on the Witness List form required by the court (an original for the court with copies for the courtroom deputy clerk and all other parties) a “will call” witness list enumerating the name and address (city or county and state only) of each witness that will be called and a “may call” witness list enumerating the name and address (city or county and state only) of each witness that may be called; provided, furthermore, that the “will call” witness list constitutes a representation on which the court and every other party may rely that the witnesses listed will be present and available to testify during trial;

8. That pursuant to REB Civ. Practice Standard III.A.4.b., immediately before commencement of trial, the parties shall submit to the courtroom deputy clerk the exhibits identified in their joint exhibit list (a set of original exhibits for use by the witnesses and copies for the court, the courtroom deputy clerk, opposing counsel (one set per party), and any pro se party);

9. That at the conference the parties shall be prepared to review and discuss, inter alia, the following:

a. the proposed Final Pretrial Order;
b. stipulated and proposed jury instructions and ...

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