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Union Pacific Railroad Company v. Beemac Trucking

April 23, 2013

UNION PACIFIC RAILROAD COMPANY, PLAINTIFF,
v.
BEEMAC TRUCKING, LLC, LANDSTAR RANGER, INC., AND EDWARD SAMUEL EDLING, DEFENDANTS.



The opinion of the court was delivered by: Laurie Smith Camp United States District Judge

(CIVIL JURY TRIAL)

1. CIVIL TRIAL SCHEDULE:

) ORDER RE: TRIAL PREPARATION

Attached to this order is a listing of the civil cases that are scheduled for trial during the month of May 2013, subject only to the Court's need to commence any previously scheduled criminal trial in which a Speedy Trial Act deadline exists. The cases are listed in the order in which they were filed, but this is NOT NECESSARILY the order in which they will be called for trial during the scheduled week. Approximately two weeks before the trial week, my chambers will communicate with counsel as to the status of court's May trial docket. Generally, but not always, cases begin on Tuesday of the trial week.

2. PRETRIAL MOTIONS:

A. Continuance

Motions to continue trial are referred to Magistrate Judge F.A. Gossett for decision. Any motion to continue trial must be filed electronically, together with a supporting affidavit, as soon as is practicable. The moving party shall send a proposed order to Magistrate Judge Gossett at gossett@ned.uscourts.gov.

B. Evidentiary Hearings

Please notify my chambers immediately upon filing any pretrial motion requiring an evidentiary hearing pursuant to Fed. R. Evid. 104 so that a hearing may be held within sixty (60) days before trial. Absence of a request for an evidentiary hearing may be deemed a waiver of such hearing. If the requested evidentiary hearing involves a Daubert-Kumho question regarding an expert, the expert's disclosure under Fed. R. Civ. P. 26(a)(2) must be submitted to my chambers when the motion for the Rule 104 hearing is filed. All other material regarding a requested Rule 104 hearing must be submitted to my chambers when the motion for a Rule 104 hearing is filed. Each party shall submit a brief regarding each question raised by a motion requiring a Rule 104 hearing.

THE FOLLOWING MATERIAL MUST BE SUBMITTED NO LATER THAN FIVE (5) WORKING DAYS BEFORE THE SCHEDULED DATE OF TRIAL.:

3. PRETRIAL SUBMISSIONS:

A. The following documents shall be filed electronically with the Clerk of the Court: trial brief, proposed jury instructions and verdict form(s). If the exhibit list and witness list were not incorporated into the final pretrial order, then those documents also shall be electronically filed.

B. In addition, each party shall e-mail to my chambers (smithcamp@ned.uscourts.gov) in Microsoft Word or Wordperfect format the proposed jury instructions, verdict form(s), witness list, and exhibit list.

4. DISCOVERY MATERIAL:

Use of discovery material as substantive evidence is controlled by the Pretrial Order and the following requirements:

A. Depositions:

Proponent: The proponent of a deposition to be used at trial shall deliver a copy of the deposition to my chambers.If less than the entire deposition will be offered, the proponent shall deliver: (1) a list or index designating by page and line(s) the testimony to be offered, and ...


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