United States District Court, D. New Mexico
ORDER SETTING JURY TRIAL
HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE.
Court held a telephonic conference on May 22, 2017 to
determine the dates of the jury trial in this case. The Court
sets the following dates and deadlines:
Pretrial Conference will be held on March 15, 2018, at 9:00
a.m. in the Dona Ana Courtroom at the United States
Courthouse, 100 N. Church St., Las Cruces, New Mexico. All
attorneys participating in the trial must be present for the
pretrial conference. The parties may, but need not, be
Selection and Jury Trial will begin on April 2, 2018, at a
time to be determined in a location to be determined.
are directed to submit a proposed consolidated final pretrial
order as follows: Plaintiff to Defendant on or before January
15, 2018; Defendant to Court on or before January 29, 2018.
Counsel are directed that the pretrial order will provide
that no witnesses except rebuttal witnesses, whose testimony
cannot be anticipated, will be permitted to testify unless
the name of the witness is furnished to the Court and
opposing counsel no later than thirty (30) days prior to the
time set for trial. Any exceptions thereto must be upon order
of the Court for good cause shown.
in Limine: All motions in limine are due by February 22,
2018. Any responses or objections are due by March 1, 2018.
Lists: The parties shall file their witness lists, which must
disclose both witnesses that the parties “will
call” and witnesses that they “may call” at
trial. Witness lists are due by February 22, 2018. Any
objections to a witness named by the opposing party must be
filed by March 1, 2018.
and Counter-Designations of Deposition Testimony: The parties
shall file designations, and counter-designations, of
deposition testimony that they intend to use at trial. The
designations and counter-designations must state the pages
and lines of the deposition to be used. Plaintiff will use a
yellow marker and Defendant a blue marker. These requirements
do not apply to cross-examination or rebuttal of a witness
presented in person at trial. Designations must be filed by
February 22, 2018. Counsel must jointly submit one
physical copy of each deposition to my chambers by this
due date and must highlight the parts of the depositions that
are to be used. Any objections to testimony designated by the
opposing party, and any counter-designations, must be filed
by March 1, 2018. If the parties wish to make further
designations in light of the designations and
counter-designations, leave for additional designations must
be requested from the Court at the pretrial conference.
The parties shall jointly file one list of
stipulated exhibits and shall separately file lists of
contested exhibits no later than March 1, 2018. They shall
also submit two physical copies of marked exhibits to my
chambers by the next business day. The first copy shall
include exhibits that the parties stipulate to be admissible,
and shall be labeled consecutively. The second copy shall
include exhibits, the admissibility of which are contested,
and shall be labeled consecutively beginning with the next
sequential number after the final stipulated exhibit
designation. For instance, if there are 50 stipulated
exhibits, 20 contested plaintiff's exhibits, and 20
contested defendant's exhibits, the first notebook shall
contain stipulated exhibits numbered 1 to 50. The second
notebook shall contain plaintiff's contested exhibits
numbered 51 through 70 and defendant's contested exhibits
numbered 71 through 90.
order to allow sufficient time for a party to decide whether
to contest the admission of exhibits, each party must send a
list of their proposed exhibits to the opposing party no
later than February 22, 2018.
of the Case: No later than March 1, 2018, the parties shall
file a consolidated, clear, concise statement of the case, to
be read by the Court to the jury at the beginning of trial.
If counsel are unable to agree to a consolidated statement of
the case, they shall file separate statements of the case.
The parties shall meet and confer about the statement of the
case no later than February 22, 2018.
Instructions: The parties shall meet and confer about
proposed jury instructions no later than February 22, 2018.
Plaintiff is responsible for filing a set of requested jury
instructions to which all of the parties agree. Requested
instructions upon which the parties cannot agree must be
filed separately by the requesting party. There shall be only
one instruction per page and each instruction shall include a
citation to supporting authority at the bottom of the page.
All such filings are due March 1, 2018. On that same day, the
parties must also email a copy of the instructions in Word
format, without citations, to
must file written objections to an opposing party's