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Rembrandt Enterprises, Inc. v. Rexing Quality Eggs

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

September 11, 2019

REMBRANDT ENTERPRISES, INC, Counter Claimant,
v.
REXING QUALITY EGGS, LEO R. REXING, DYLAN REXING, JOSEPH L. REXING Counter Defendants.

          FINAL PRETRIAL CONFERENCE ORDER

          HON. JANE MAGNUS-STINSON, CHIEF JUDGE

         The final pretrial conference in this action is scheduled for 9:00 a.m. on October 17, 2019 in Room 307, United States Courthouse, 46 E. Ohio Street, Indianapolis, IN 46204. To facilitate the conference, and ultimately the trial, the Court now ORDERS as follows. To the extent that any instructions in this order conflict with those set forth in the case management plan, the instructions set forth in this order control. Copies of filings to be emailed to the Courtroom Deputy in MS Word form can be sent to Judge|_Stinson_Chambers@insd.uscourts.gov.

         Trial Witness List

         Each party must file a Trial Witness List by October 3, 2019, listing only the witnesses the party anticipates actually calling to testify at trial. Absent consent of the opposing party, no witness that has not been previously listed may be included. A brief summary of each witness' expected testimony shall be included. Objections to any witness on another party's Trial Witness List must be filed by October 10, 2019. Counsel must be prepared to argue any objections at the final pretrial conference.

         Trial Exhibit List

         Each party must file a Trial Exhibit List by October 3, 2019, listing only the exhibits the party anticipates actually introducing at trial. The exhibits must be listed in an identifiable manner, such as by Bates numbers or by another system upon which all parties have agreed. Absent consent of the opposing party, no exhibit that has not been previously listed may be included. It is not sufficient to describe exhibits by category, such as “all exhibits identified in discovery.” Objections to an exhibit on another party's Trial Exhibit List must be filed by October 10, 2019. Counsel must be prepared to argue any objections at the final pretrial conference.

         Voir dire

         Absent specific objection raised before and sustained at the pretrial conference, the Court will examine the venire using the questions attached as Exhibit 1. As provided in the undersigned's Practices & Procedures, the parties will be permitted to conduct their own examinations of the venire after the Court has completed its examination, subject to a time limit to be decided at the pretrial conference. If, despite the opportunity for party-conducted voir dire, a party proposes that the Court pose additional questions to the venire other than those that are attached as Exhibit 1, the party must file those proposed additional questions no later than October 3, 2019. The proposed questions must be accompanied by a statement (1) as to whether opposing counsel objects to the proposed questions and (2) if there is any objection, that the parties have met and conferred in an attempt to resolve the objection. Objections to Exhibit 1 must also be filed no later than October 10, 2019.

         Joint case synopsis.

         Both as part of voir dire and as part of the preliminary instructions, the Court will read a brief joint case synopsis of the claims and defenses in this action. After meeting and conferring, the parties must file their joint case synopsis no later than October 10, 2019. If they cannot agree, they must file competing versions of the case synopsis by that date. Counsel must be prepared to present argument about competing case synopses at the pretrial conference.

         Preliminary instructions

         Absent specific objection raised before and sustained at the pre-trial conference, the Court will give the jury the preliminary instructions attached as Exhibit 2. If any party desires additional preliminary instructions or objects to the Court's preliminary instructions, the party must (1) meet and confer with opposing counsel in an attempt to reach an agreed resolution, (2) file the proposed change(s) to Exhibit 2 no later than October 3, 2019, and (3) email the proposed change(s) as an MS Word file to the Courtroom Deputy. If agreement cannot be reached, any response to a party's proposed change(s) must be filed no later than October 10, 2019. Counsel must be prepared to present argument about the proposed change(s) at the pretrial conference.

         Generic final instructions

         Absent specific objection raised before and sustained at the pretrial conference, the Court will include the instructions attached as Exhibit 3, which are all non-case-specific final instructions, as part of the Court's final instructions to the jury. If any party objects to any instruction included in Exhibit 3, the party must (1) meet and confer with opposing counsel in an attempt to reach an agreed resolution, (2) file the proposed change(s) to Exhibit 3 no later than October 3, 2019, and (3) email the proposed change(s) as an MS Word file to the Courtroom Deputy. If agreement cannot be reached, any response to a ...


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