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Webber v. Butner

United States District Court, S.D. Indiana, Indianapolis Division

January 3, 2018

JOHNNY WEBBER, and DEBORA WEBBER, Plaintiffs,
v.
ROGER BUTNER, Defendant.

          ENTRY FOLLOWING FINAL PRETRIAL CONFERENCE

          TANYA WALTON PRATT, JUDGE

         This matter was before the Court for a final pretrial conference on January 3, 2018, held at the Indianapolis Courthouse. Plaintiffs Johnny Webber and Debora Webber (the “Webbers”) appeared by counsel Eric S. Pavlack and Colin E. Flora. Defendant Roger Butner (“Butner”) appeared by counsel Benjamin G. Stevenson and W. Brent Threlkeld. David Moxley was the Court Reporter. During this final pretrial conference, the trial of this case was discussed and the following rulings were made and directions given pursuant to Trial Rule 16.

         1. The three-day jury trial of this matter is congested off the Court's calendar on Monday, January 29, 2018, and has been rescheduled to commence on Tuesday, July 24, 2018, at 9:00 a.m. as the first choice, and Monday, October 15, 2018, at 9:00 a.m. as the second choice. The trial will be held in the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana, Courtroom #344. Doors to the courtroom will be unlocked at 7:30 a.m. Counsel must report no later than 8:00 a.m. The jury is scheduled to arrive at 8:30 a.m., and panel selection will begin at 9:00 a.m.

         2. The claims to be tried are Mr. Webber's claim for negligence and Mrs. Webber's derivative claim for loss of consortium.

         3. The Court reviewed the parties' witness lists to determine who will testify and the subjects of their testimony.

a. The Webbers presented a list of five named witnesses and discussed the expected testimony of the potential witnesses (Filing No. 55). Butner had no objections to the Webbers' witnesses.
b. Butner presented a list of seven named witnesses and discussed the expected testimony of the potential witnesses (Filing No. 52). The Webbers had no objections to Butner's witnesses.
c. To avoid calling non-party witnesses twice, the Court will allow the parties to conduct direct and cross-examinations the first time a non-party witness is called. The Court discourages the parties from calling cumulative witnesses and presenting cumulative testimony.

         4. The Court reviewed the parties' exhibit lists and made the following rulings:

a. The Webbers' Exhibit List (Filing No. 56) designated approximately one hundred sixty-seven exhibits. Butner did not file any written objections to the Webbers' exhibits. The Webbers requested permission to submit their medical records evidence in a separate exhibit binder, which the Court will allow.
b. Butner's Exhibit List (Filing No. 51) designated fifty-eight exhibits. The Webbers did not file any written objections to Butner's exhibits.
c. The parties filed a Stipulated Exhibit List (Filing No. 64), designating certain exhibits as authentic and other exhibits as admissible. The parties are to confer and discuss whether they can agree on the admissibility or authenticity of any additional exhibits to avoid calling witnesses solely for foundational purposes.
d. The parties are to provide three (3) copies of their exhibit binders to the Courtroom Deputy Clerk by Friday, July 20, 2018, at 12:00 p.m. The parties also should submit to the Courtroom ...

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