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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT COVINGTON
CIVIL ACTION NO. 2009-219 (WOB) SARAH JONES VS. PLAINTIFF FINAL PRETRIAL CONFERENCE ORDER
DIRTY WORLD ENTERTAINMENT RECORDINGS, LLC d/b/a Thedirt.com, ET AL.
The above case is hereby assigned for a final pretrial conference, pursuant to Federal Rules of Civil Procedure 16(d), on Friday, September 14, 2012 at 1:30 p.m., in Room 505, United States Courthouse, 35 West Fifth Street, in Covington, Kentucky. The jury trial is scheduled to commence on Tuesday, November 13, 2012 at 10:00 a.m. in Courtroom “A”, U.S. Courthouse, in Covington, Kentucky. I. The parties, through counsel, are ORDERED to do each
of the following things, where applicable, prior to such date, unless the time fixed be extended on motion for good cause shown by affidavit: 1. The attention of the parties is directed to These rules
Federal Rule of Civil Procedure 26(a)(2) and (3). must be strictly observed.
Time deadlines therein shall be
computed from the date of the final pretrial conference, rather
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than the trial.
Parties shall not stipulate out of the
requirement of filing expert reports or witness lists. Counsel are admonished that production of the witness lists and expert reports must be strictly complied with. A summary of the expected testimony of each witness shall be included in the list. The summary to be provided must fairly Statements such
reflect the substance of a witness' testimony.
as "the witness will testify concerning the physical condition of the plaintiff" are inadequate. Failure to list a witness or
provide adequate summary or expert report will result in the witness not being permitted to testify in whole or in part. Coatney v. Purkhiser, 104 F.R.D. 118 (E.D. Ky. 1985). If a See
witness has been deposed, a reference to the deposition will suffice, but then the witness will be limited to the testimony in said deposition. 2. File a final pretrial memorandum in the format
set out in the appendix hereto not later than fourteen (14) days before the final pretrial conference. An extra copy of the
final pretrial memorandum and witness list shall be filed for the convenience of the court. 3. Complete all discovery, including physical
examinations, by the deadlines set by the court.
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The proponent of any exhibit which will be
discussed by a witness or utilized during opening or closing statements should be prepared to use the court's visual presentation system. The system can display documents, X-Rays, The presentation system is
photographs, negatives, and videos.
designed to display the exhibit simultaneously to the parties, the jury, the witnesses, and the court. First-time users of the
system should contact the Clerk of Court at Covington to make arrangements to view and train on the system. Although there is
a witness monitor, some witnesses have difficulty reading from same; so an extra copy to hand to the witness should be readily available. 5. Enter into a written stipulation, stipulating to
the fullest extent the undisputed facts, authenticity, and admissibility of exhibits, and any and all other matters which will expedite the trial of the case by reducing formal proof. Such written stipulation shall be filed with the pretrial memoranda required by Paragraph 2 hereof. Failure to do so
shall be construed to indicate that counsel have not met in compliance with this direction, unless otherwise explained to the court's satisfaction. 6. Note the grounds for objection to any items The merits of all
mentioned in Paragraph 5 not so agreed upon.
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such objections shall be covered in the pretrial memoranda, prepared in accordance with the format set forth on the attached exhibit to this order. Counsel should note that preliminary
conferences between them will be required in order to file the pretrial memoranda on time. Proposed instructions, special
verdicts, and (in non-jury cases) proposed findings of fact and conclusions of law shall be exchanged at least seven (7) days prior to the due date of the pretrial memoranda. 7. Any party seeking damages shall file an itemized
list of special damages with his pretrial memorandum. 8. Videotape Depositions. Any deposition that would
otherwise be read at a trial as evidence under the Federal Rules of Civil Procedure may be presented by videotape. However, a
transcript must be furnished to the court to facilitate ruling on objections and editing. The court prefers that the tape be Cost of the transcript or
edited prior to the playing at trial.
making the video-tape may be recovered as costs, but not both. II. consider: 1. 2. The simplification of the issues; The necessity or desirability of amendments to the pleadings; The separate trial of any troublesome issues; The limitation on the number of expert witnesses;
At such final pretrial conference, the court will
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5. 6. and 7.
The prospects of settlement; Time limits on the trial, if not previously set;
Such other matters as may aid in the disposition of the action.
At the conclusion of such final pretrial conference,
rulings will be made wherever possible on all issues of evidence, instructions, and any other issue which will aid possible settlement or streamline the trial. This final
pretrial conference shall be attended by trial attorneys for all parties (and local counsel), who shall be prepared to enter into such agreements as may be appropriate. Counsel are expected to
thoroughly prepare for this final pretrial conference, and strictly observe all the requirements of this pretrial order, including time deadlines. Extensions of deadlines will be It
granted only upon motion and affidavit for good cause shown. is hoped that sanctions to ensure compliance with this order
will not be required, but whatever sanctions are necessary will be imposed. IV. In Case of Emergency. In the case of an emergency,
which will require the trial to be continued or delayed, counsel shall notify the Clerk of Court (859-392-7925) Monday through Friday; or Lynn Battaglia, Deputy Clerk at 859-240-9432 on weekends and holidays in order that the jury can be notified and
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not brought in.
Failure to do so will result in counsel being
assessed the costs of bringing the jury into court, including the appearance fee and mileage for each juror. V. provided. Daily Copy. Unless requested, daily copy will not be
Arrangements for daily copy must be made with the
court reporter at the final pretrial conference.
This 22nd day of May, 2012.
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FORMAT FOR PRETRIAL MEMORANDUM
JURISDICTION OF THE COURT. (A succinct statement of the basis for the court's jurisdiction, with quotation of the jurisdictional statute and a summary of the jurisdictional facts.) KIND OF ACTION. (A succinct statement of the kind of action, e.g., "This is a wrongful death action arising out of an automobile accident.")
III. STATEMENT OF FACTS. (A brief statement of facts, with an indication of which facts are disputed and which are undisputed.) IV. ISSUES OF LAW (SUBSTANTIVE). (A separate statement of each issue of substantive law with an appropriate discussion of authorities supporting the party's position with regard thereto.) ISSUES OF LAW (PROCEDURAL). (A separate statement of each issue of procedural law with specific reference to any Federal Rule of Civil Procedure involved, with an appropriate discussion of authorities supporting the party's position with regard thereto.) ISSUES OF LAW (EVIDENTIARY). (A separate statement of each issue of evidentiary law with specific reference to any Federal Rule of Evidence involved, with an appropriate discussion of authorities supporting the party's position with regard thereto.
VII. INSTRUCTIONS AND SPECIAL VERDICT. (A submission of all instructions and a special verdict under Fed. R. Civ. P. 49. Parties shall exchange drafts of instructions in advance, as required by the pretrial order, and agree on the instructions or separate verdict forms, if possible. Failing agreement, they shall include under this heading a discussion, with appropriate authorities, in support of or contra any disputed instructions or special verdict items.)
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NOTE: Except as above indicated, this court's standard Order concerning the format of briefs shall be applicable to all final pretrial memoranda, including the requirement of filing an extra copy for the use of the court.
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