United States District Court, D. Delaware
HONORABLE LEONARD P. STARK UNITED STATES DISTRICT JUDGE.
reviewed the parties' proposed final pretrial order and
attachments (D.I. 184) ("PTO"), and with the
pretrial conference ("PTC") to be held tomorrow,
and the jury trial in this matter to begin on August 14, IT
IS HEREBY ORDERED that:
parties' various objections contained in footnotes in the
PTO (see, e.g., at p. 13 n.8, p. 15 n.10, p. 22 n.
13), which largely relate to whether a particular issue is
contested or uncontested, or is an issue of law or of fact,
are OVERRULED, as the Court determines that the parties are
simply preserving their rights. The Court will make necessary
evidentiary decisions at trial.
respect to deposition testimony designated by Defendants to
be read or played to the jury at trial (see PTO at
30-32), the Court OVERRULES WITHOUT PREJUDICE Plaintiffs
generalized objection (PTO at 30) to "all portions
identified by Defendants." The PTO contains the maximum
universe of deposition designations and counter-designations,
as well as the maximum universe of objections to such
designated testimony. It is anticipated that as the parties
finalize their trial presentations, the amount of designated
testimony will likely be narrowed.
event, and subject to the foregoing, should any objections to
deposition testimony remain following appropriate meet and
confers, the following procedures will be used to resolve
a. Each party will identify specific excerpts of prior
testimony that it intends to introduce by 6:00 p.m. two (2)
calendar days before the start of the trial day on which that
witness's testimony will be offered. (For example,
witnesses to be called by designation on Monday must be
disclosed by 6:00 p.m. the preceding Saturday, along with
their proposed testimony.)
b. The other side must identify any objections to the
designated testimony, and any counter-designations, no later
than 9:00 p.m. that same day.
c. The parties shall meet and confer as to any objections no
later than 12:00 p.m. the calendar day before the trial day
on which that witness's testimony will be offered.
d. Any unresolved objections will be submitted to the Court
in a joint submission by 6:00 p.m. that same day. The joint
submission shall include (i) a copy of the entire proposed
testimony of the witness at issue, clearly highlighting the
designations and counter designations; and (ii) a cover
letter identifying the pending objections, as well as a brief
indication (no more than one sentence per objection and
response) of the basis for the objection and the offering
party's response to the objection.
to comply with these procedures, absent an agreement by the
parties and approval by the Court, will result in waiver of
the use of the testimony or waiver of objection to the use of
PTO contains the maximum universe of exhibits that may be
offered into evidence as well as all objections that may be
offered to the admission of such exhibits, absent agreement
among the parties or subsequent Order of the Court based upon
a finding of good cause. If, after disclosure by a party of
the specific exhibits or demonstratives to be used with a
witness (or in opening statements or closing arguments),
objections remain, the parties must bring those objections to
the Court's attention no later than the morning on which
they anticipate that the exhibit will be used in trial.
Failure to comply with these procedures will result in waiver
of the use of the exhibit or waiver of the objection.
Trial will begin, as has long been the schedule, on Monday,
August 14. The case will be submitted to the jury no later
than August 21. Counsel must appear each morning of trial at
8:30 a.m. The jury will be available each day from 9:00 a.m.
to 5:00 p.m. other than on the first morning, when the jury
pool is available beginning at 9:30 a.m. for jury selection.
Court has determined that this case can be reasonably,
fairly, and effectively tried in a maximum of twenty (20)
trial hours. Parties will be charged time for direct, cross,
and redirect examinations they conduct (including any
testimony presented by deposition), opening statements and
closing arguments they offer, time spent reading uncontested
facts to the jury, and for arguments they make on any
objections or motions outside the presence of the jury. The
only times that are not charged to any party are the time
spent on jury selection, jury instruction (preliminary and
final), jury deliberations, and any argument the Court
permits on disputed jury instructions.
PTO contains unreasonable and insufficiently specific requests
for trial hours, the parties shall meet and confer and
SUBMIT, no later than 2:00 p.m. tomorrow, August 3, their
specific proposal(s) for how ...