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Comm Net, Inc. v. Ems, Inc.
United States District Court, D. Nebraska
March 24, 2014
COMM NET, INC., a California Corporation, Plaintiff,
EMS, INC., a Nebraska Corporation, MITCH JOHNSON, and DOES 1 THROUGH 25, inclusive, Defendants.
ORDER RE: TRIAL PREPARATION
LAURIE SMITH CAMP, District Judge.
1. CIVIL TRIAL SCHEDULE:
Attached to this order is a listing of the civil cases that are scheduled for trial the week of April 21, 2014, with the first day of trial beginning on Wednesday, April 23, 2014, starting at 9:00 p.m., 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 week. Approximately one week before the trial week, my chambers will communicate by e-mail the order in which the cases will be called and what day of the week the trial will commence. Generally, but not always, cases begin on Tuesday of the trial week.
2. PRETRIAL MOTIONS:
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 email@example.com.
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. RETRIAL 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 (firstname.lastname@example.org) 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 ...
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