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Cooper v. Redding

United States District Court, D. Nebraska

January 11, 2017

JONATHAN COOPER, AND JEFFREY COOPER, Plaintiffs,
v.
SHAWN REDDING, Defendant.

          TRIAL PREPARATION ORDER

          Susan M. Bazis United States Magistrate Judge

         1. PRELIMINARY MATTERS:

         The Final Pretrial Conference was held in this matter on January 6, 2017. During the Conference, the parties discussed their respective motions in limine. (Filing Nos. 37 & 41.) After some discussion of the issues raised in each of the motions, the parties agreed that the Court should grant paragraphs 2, 3, and 4 of Filing No. 37. Paragraph 1 of Filing No. 37 is moot because Plaintiffs are not claiming lost wages. As to Filing No. 41, the parties agreed that the Court should grant paragraphs 2, 3, 4, 5, 6, 7, 9, 10, and 11. The parties want to further argue to the Court paragraphs 1, 8, and 12 of Filing No. 41. The Court will hear arguments on paragraphs 1, 8, and 12 of Filing No. 41 the morning of trial, prior to jury selection. Accordingly, Defendant's Motion in Limine (Filing No. 37) is granted as to paragraphs 2, 3, and 4. Paragraph 1 of Filing No. 37 is denied because it is moot. Plaintiffs' Motion in Limine (Filing No. 41) is granted as to paragraphs 2, 3, 4, 5, 6, 7, 9, 10, and 11, with paragraphs 1, 8, and 12 to be resolved on the day of trial.

         Another issue raised at the Pretrial Conference is whether the Court may take judicial notice of motor vehicle stopping distances. The parties have been directed to file briefs regarding this issue. Plaintiffs' brief shall be filed by January 16, 2017. Defendant's responsive brief shall be submitted by January 23, 2017. The Court will resolve the question relating to judicial notice at the time of trial.

         2. PRETRIAL MOTIONS:

         A. Continuance. Trial will timely commence at 9:00 a.m. on January 30, 2017, in Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Trial will be held in Courtroom No. 7. Any motion to continue trial must be accompanied by a supporting affidavit and a proposed order, and delivered to Magistrate Judge Susan M. Bazis.

         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, witness list, exhibit list, proposed jury instructions and verdict form(s).

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

         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 (2) a copy of the entire deposition with highlighted parts to be offered.
Objections: A list or index of objections to another party's designated deposition testimony shall be delivered to my chambers and shall identify by page and line the location of the objection and shall ...

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