Opinion
Civ. 9:13-CV-0164 (DJS)
05-13-2022
JESSIE J. BARNES, Plaintiffs v. DAVID A. ROCK, ET AL., Defendants.
TRIAL ORDER
DANIEL J. STEWART U.S. MAGISTRATE JUDGE.
Since all relevant Uniform Pretrial Scheduling Order deadlines have expired in the above captioned case, the case is hereby designated “trial ready.” The attorneys and parties in this action shall appear at the James T. Foley U.S. Courthouse, 445 Broadway, Albany, New York, for trial beginning promptly at 9:00 a.m. on Monday, September 19, 2022.
Pretrial Submissions
Pursuant to the terms of this Order, all pretrial submissions shall be electronically filed and served no later than August 19, 2022 . To the extent that the requirements of this Order and Attachments are inconsistent with any prior Uniform Pretrial Scheduling Order, this Order and Attachments control. The parties are advised that, should this action be postponed, settled, or otherwise disposed of in advance of the actual trial, in accordance with Local Rule 47.3, except upon good cause shown, “all juror costs, including marshal's fees, mileage and per diem, shall be assessed against the parties and/or their attorneys as the Court directs, unless the parties or their attorneys notify the Court and the Clerk's office at least one full business day prior to the day on which the action is scheduled for trial, so that the Clerk has time to advise the jurors that it shall not be necessary for them to attend.” N.D.N.Y.L.R. 47.3 (emphasis added).
Unless otherwise noted, all parties shall electronically file and serve all pretrial submissions in accordance with General Order 22, ¶ 5.
The following pretrial submissions shall be filed in accordance with this Order:
A. Joint Pretrial Stipulation
(1) No later than August 19, 2022, a joint pretrial stipulation shall be subscribed by counsel for all parties and shall contain:
(a) The basis for federal jurisdiction;
(b) A list of all Exhibits which can be stipulated into evidence or which will be offered without objection as to foundation; and
(c) Relevant (i) facts not in dispute; (ii) facts in dispute; and (iii) issues of law to be considered and applied by the Court.
The Court will only accept one stipulation, which must be signed by the attorneys for all parties.
B. Court Ordered Voir Dire
(1) See Attachment # 1
C. Proposed Voir Dire
(1) No later than August 19, 2022, each party shall submit a numbered list of questions which the Court, in the exercise of discretion, may use during jury selection.
D. Witnesses
(1) No later than August 19, 2022, counsel shall file a witness list containing the following information regarding the witnesses that may be called to testify at trial other than solely for impeachment purposes:
(a) The name and, if not previously provided, the address (city only) and telephone number of each witness, separately identifying those whom the party expects to present and those whom the party may call if the need
arises, as well as a brief summary of the testimony to be offered by each witness.
Note: Personal Privacy Protections may apply to disclosure of this information. See N.D.N.Y.L.R. 8.1; General Order 22, ¶¶ 11.2 & 12.2. In such instances, the parties are directed to notify Chambers and request permission to file such pretrial submission traditionally.
(b) The designation of those witnesses whose testimony is expected to be presented by means of a deposition (including video-taped deposition), specifically identifying the pertinent portions of the deposition testimony to be offered.
(2) The unavailability of any witness, expert, or otherwise, will not be grounds for a continuance. In order to avoid the possibility of going forward with the trial without the testimony of an unavailable witness, counsel, where appropriate, shall preserve same before the trial date by written or video-taped deposition for possible use at trial. See Attachment # 2 (Instruction Sheet for the use of Video-Taped Depositions).
E. Exhibits
(1) All Exhibits shall be marked for identification in the manner prescribed hereinafter.
(2) The Exhibits shall have been inspected by the opposing party and copied at their expense (unless waived). All documents and/or papers intended as Exhibits or to be used during the course of trial, including but not limited to, documents, photographs, charts, diagrams, etc., shall be assembled in THREE BINDERS with each document properly marked at the lower right corner for identification purposes as directed below. One binder will be the original for the Jury and the remaining binders will be for the Court. In voluminous cases, consult with Judge Stewart's Courtroom Deputy Clerk for the proper procedure to follow. A complete set of copies of the Exhibits shall be submitted to Judge Stewart's Chambers August 19, 2022 .
(3) During the course of trial, the Deputy Courtroom Clerk shall take charge of Exhibits which are received into evidence. At the conclusion of the trial, the Courtroom Deputy Clerk will immediately return all of the Exhibits to the proper parties. It is the responsibility of the parties to maintain the Exhibits and to produce the Exhibits for any appeal.
(4) No later than August 19, 2022, counsel shall electronically file and serve an Exhibit List. The Exhibits shall be listed on the form prescribed by the Court. See Attachment # 3. Counsel are to supply all the requested information with the exception of the two “Date Boxes” which should remain blank.
(5) Counsel shall fill in the appropriate markers leaving the “File” and “Deputy Clerk” lines blank. All Exhibits shall be assigned numbers by using a prefix of “P” for Plaintiff, “D” for Defendant, and “G” for Government (U.S. Attorney).
Plaintiff's Exhibits should be denoted as: P-1, P-2, P-3, etc. Defendant's Exhibits should be denoted as: D-1, D-2, D-3, etc. Government's Exhibits should be denoted as: G-1, G-2, G-3, etc. In cases involving multiple Defendants, the Exhibits shall be denoted with the initial of the last name of the Defendant and its numerical identification number.
Stickers shall be affixed whenever possible to the lower right-hand corner of the Exhibit. If the Exhibit marker is going to cover any information on the Exhibit, then affix the marker to the reverse side of the Exhibit.
F. Trial Brief
(1) No later than August 19, 2022 , counsel shall electronically file and serve a Trial Brief containing a brief overview of the parties' claims as well as argument and citations on any and all disputed issues of law, citing the applicable rules of evidence and case law. Trial Briefs should also include any evidentiary issues that are expected to arise.
G. Requests to Charge and Proposed Special Verdict Form
(1) No later than August 19, 2022, counsel shall electronically file and serve a Request to Charge and a Proposed Verdict Questionnaire. The Request to Charge need only include instructions that are specific to the law in this case regarding liability, damages, and any unusual issues. The Court has the usual boilerplate charge.
H. Motions In Limine
(1) No later than August 19, 2022 , counsel shall electronically file and serve any motions in limine, citing the applicable rules of evidence and case law. Opposing counsel shall file any response to a motion in limine no later than ten (10) calendar days prior to the trial date. MOTIONS IN LIMINE MAY NOT OTHERWISE BE FILED WITHOUT LEAVE OF THE COURT .
I. Depositions
(1) No later than August 19, 2022 , counsel shall electronically file all non-video taped depositions to be used at trial. Counsel shall traditionally file all video-taped depositions to be used at trial. To the extent possible, objections are to be resolved between the parties. Areas of unresolved disagreement shall be presented to the Court for ruling at the beginning of trial. See Attachment # 2.
J. Pretrial Conference
A Pretrial Conference may be held to address all unresolved issues and objections. Judge Stewart's Deputy Courtroom Clerk will notify the parties of the Pretrial Conference.
SO ORDERED.