United States District Court, S.D. Alabama, Southern Division
K. DuBOSE UNITED STATES DISTRICT JUDGE.
matter came before the Court for Final Pretrial Conference on
December 18, 2019, in the chambers of the undersigned
District Judge. Present at the conference were Mary E.
Pilcher, counsel for Plaintiff; and K. Paul Carbo, Jr.,
counsel for Defendant.
result of the conference, the Court hereby establishes the
following deadlines and rules that shall govern all trial
preparations and proceedings in this action. None of the
deadlines or dates herein shall be modified except by
explicit written order of the Court.
Jury Selection. Jury selection will be
conducted on January 7, 2020 at 8:45
a.m., in Courtroom 4B of the United States District
Court, 155 Saint Joseph Street, Mobile, Alabama, 36602. A
jury of eight (8) jurors will be
selected; there will be no alternates.
Trial. This action is set for jury trial
from January 27-29, 2020 (3 days). Trial
shall commence daily at 8:30 a.m. in
Courtroom 4B of the United States District Court. Attorneys
should prepare to be present daily at 8:00
a.m. to address any issues before trial begins.
Voir Dire & Objections. Counsel for the
parties submitted their voir dire and objections (Docs.
50-52). As discussed at the conference, the parties' voir
dire will be referred to U.S. Magistrate Judge Sonja F.
Witness & Exhibit Lists. Counsel for
the parties submitted their witness lists the joint Proposed
Pretrial Documents, to which there were no objections (Docs.
44-45). Counsel for the parties submitted their exhibit
lists, any objections thereto, with the joint Proposed
Pretrial Document. (Docs. 46-49).
Pre-marking of Exhibits; Trial Exhibit
Lists. Each party shall provide the Clerk of
the Court with a properly formatted exhibit list no later
than January 23, 2020.
Bench Book. On or before January
23, 2020, counsel for each party shall provide the
Court with a bench book (a three-ring binder is sufficient)
containing a copy of each exhibit that counsel anticipates
offering at trial. The parties shall allow all opposing
parties to review the bench book before delivery to the
Court. Counsel are reminded that the bench book is for the
Court's convenience in reviewing the exhibits and
does not admit the exhibit as evidence.
Deposition Testimony. With regard to
deposition testimony designations for use at trial, only
Plaintiff has submissions. (Doc. 43 at 16). On or before
January 16, 2020, Plaintiff shall prepare a
deposition notebook in accordance with the instructions given
at the conference and submit them to the Court (a three-ring
binder notebook by hand delivery), highlighting the relevant
deposition testimony. Defendant's objections shall be
filed on or before January 23, 2020.
Motions in Limine. The parties are limited
to a total of five (5) motions in limine per
side (Plaintiffs and Defendants) with no sub-parts permitted,
and not to exceed five (5) pages per motion,
which shall address separate and distinct issues. Motions are
due by January 6, 2020. Responses shall be
filed by January 13, 2020 and shall likewise
not exceed five (5) pages in length.
Joint Jury Instructions & Verdict
Forms. Joint Jury Instructions & Verdict
Forms. Counsel for the parties shall file Joint Final Jury
Instructions and Joint Verdict Forms (including any requested
special interrogatories) on or before January 6,
proposed final jury charges shall cover substantive issues in
the case (i.e., the law governing all claims, defenses, and
damages). The parties need not include general introductory
or concluding charges. However, any anticipated special
charges must be included in the submission. With respect to
any charges on which the parties are unable to agree, the
parties may submit those charges separately. Each requested
charge, whether jointly or separately proposed, should be
placed on a separate page. Authority shall be cited for each
charge. To the extent the parties cannot agree on a jury
charge, they shall separately number and designate said
charge and also submit it as a separate filing as a
“Disputed Charge” by January 6,
parties wish to submit special interrogatories to the jury,
jointly prepared proposed verdict forms must be filed
contemporaneously with the joint proposed final jury
instructions. If the parties cannot agree on the need for or
form of the special verdict forms, the parties may file
separate proposed jury interrogatories designated accordingly