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Shultzaberger v. State Farm Mutual Automobile Insurance Co.

United States District Court, D. New Mexico

January 31, 2018

STEVE P. SHULTZABERGER, Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

          TRIAL SCHEDULING ORDER

          KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE.

         THIS MATTER comes before the Court following a telephonic trial scheduling conference held on January 31, 2018. As reflected in the record, the Court hereby sets the following dates and deadlines:

         A Pretrial Conference shall be held on Friday, November 9, 2018 at 9:00 am in the Picacho Courtroom at the United States District Courthouse, 100 N. Church St., Las Cruces, NM, 88001. All attorneys participating in the trial must be present for the pretrial conference unless permission for telephonic appearance has been obtained from the Court. The parties may, but need not, be present.

         Jury Selection and Jury Trial will begin on Monday, November 26, 2018 at 8:30 a.m. in the Picacho Courtroom. Counsel are directed to submit a proposed consolidated final pretrial order (template pretrial order attached) as follows:

Plaintiff to Defendant: on or before September 17, 2018;
Defendant to the Court: on or before September 24, 2018.

         The pretrial order shall provide that no witness, except rebuttal witnesses whose testimony cannot be anticipated, will be permitted to testify unless the witness is identified in a witness list filed no later than thirty (30) days prior to the date set for trial. Any exceptions thereto must be upon order of the Court for good cause shown.

         Motions in Limine:

         All motions in limine[1] shall be filed on or before September 24, 2018. Any response to a Motion in Limine shall be filed on or before October 8, 2018.

         Witness Lists:

         The parties shall file their witness lists on or before October 10, 2018. The lists must disclose witnesses that the parties “will call” as well as witnesses that they “may call” at trial. Any objections to a witness named by an opposing party must be filed by October 17, 2018.

         Designations and Counter-Designations of Deposition Testimony:

         On or before October 10, 2017, counsel for each party shall file a pleading designating, by deposition transcript page(s) and line number(s), the deposition testimony that the party intends to offer into evidence at trial. In the event that a party designates deposition testimony that will or may be offered into evidence at trial, then on or before October 17, 2018, any other party may counter-designate, by deposition transcript page(s) and line number(s), any other portion of the deposition testimony that should be offered into evidence pursuant to Federal Rule of Evidence 106. The deposition designation requirement does not apply to the use of a deposition to impeach the testimony of a witness who testifies in person at the trial, or to rebuttal testimony offered through deposition testimony.

         On or before October 24, 2018, counsel shall jointly submit one physical copy of each deposition transcript that contains testimony that will or may be offered into evidence at trial to the Court's chambers, with the parts of the deposition(s) that are to be offered into evidence highlighted. To this end, Plaintiff will use a yellow marker and Defendants will use a blue marker to highlight the portions of the deposition transcript that they each have designated. As an alternative to jointly submitting a physical copy of a deposition to the Court with the designated portions of the deposition highlighted, the parties may jointly submit the deposition to the Court in PDF format, with the respective portions of the deposition highlighted, by emailing the PDF document to krsproposedtext@nmcourt.fed.us. Any objections to deposition testimony designated or counter-designated by an opposing party shall be filed on or before October 24, ...


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