Opinion
21-cv-00075-CAR
04-19-2024
Erdman Plaintiff, v. United States Defendant.
PROPOSED PRETRIAL ORDER - NON JURY
The following constitutes a pretrial order entered in the above-styled case after conference with counsel for the parties:
(1) (a) The name, address, and telephone number of all attorneys who personally appeared at pretrial and who will conduct the trial are as follows:
Plaintiff
Defendant
Other
(b) The name, address, and telephone number of all nonparty persons including attorneys who have a fixed or contingent financial interest in this case are as follows:
(2) (a) Companion cases pending in this and other federal or state courts are:
(b) Possible derivative claims not now the subject of pending litigation:
(3) The estimated time required for trial is:
(4) The parties agree that the court has jurisdiction of the parties and the subject matter (cite jurisdictional statutes).
- OR
The jurisdiction of the court was questioned because: . After hearing from the parties, the court decided .
(5) Proposed findings of fact and conclusions of law with citations to the record where the evidence may be found or to the statute or a case from which the law is derived shall be filed with the court at least one week before trial.
(6) All discovery has been completed, unless otherwise noted, and the court will not consider any further motions to compel discovery except for good cause shown. The parties, however, shall be permitted by agreement to take depositions of any person(s) for the preservation of evidence or for use at trial.
(7) Unless otherwise noted, the names of the parties as shown in the caption to this order are correct and complete, and there is no question by any party as to the misjoinder or nonjoinder of any parties.
(8) The following is the plaintiff's brief and succinct outline of the case and contentions: ___
(9) The following is the defendant's brief and succinct outline of the case and contentions: ____
(10) The issues for determination by the court are as follows: _____
(11) If a tort action, specifications of negligence, including applicable code sections, are as follows: _____
(12) If a contract action, the terms of the contract are as follows (or, the contract is attached as an Exhibit to this order):
(13) The types of damages and the applicable measure of those damages are as follows:
(14) All material undisputed facts established by the pleadings, depositions, or admissions of the parties are attached as exhibit A, and are signed by counsel.
(15) Special authorities relied upon by plaintiff relating to peculiar evidentiary or other legal questions are as follows: ____
(16) Special authorities relied upon by defendant relating to peculiar evidentiary or other legal questions are as follows: ___
(17) The following are lists of witnesses the:
(a) Plaintiff will have present at trial:
(b) Plaintiff may have present at trial:
(c) Defendant will have present at trial:
(d) Defendant may have present at trial:
Opposing counsel may rely on representation by the designated party that he will have a witness present unless notice to the contrary is given in sufficient time prior to trial to allow the other party to subpoena the witness or obtain this testimony by other means. Counsel should be prepared to state at the pretrial conference objections to any witness listed.
(18) The possibilities of settling the case are: .
(19) Other matters:
It is hereby ORDERED that the foregoing, including the attachments thereto, constitute the pretrial order in the above case and supersede the pleadings which may not be further amended except by order of the court to prevent manifest injustice.