United States District Court, D. Idaho
Lynn Winmill, Chief Judge United States District Court.
August 10, 2017, the Court held a status conference for the
purpose of setting a trial date in this matter. Based on that
conference, the Court issues the following order:
THEREFORE IT IS HEREBY ORDERED that the following deadlines
and procedures shall govern the remainder of this litigation:
Trial Dated: A 5-day trial shall be set for January
29, 2018, at 1:30 p.m. in the Federal Courthouse in
Boise, Idaho. Beginning on day two, trial shall begin at 8:30
a.m. and end at 2:30 p.m., with two fifteen minute breaks.
Pretrial Dated: A telephonic pretrial conference shall be
held on January 8, 2018, at 4:00 p.m.
Counsel for Plaintiff shall initiate the call. The Court can
be reached at (208) 334-9145. The purpose of the conference
is to discuss and resolve (1) the legal issues remaining in
the case; (2) evidentiary issues; (3) trial logistics; and
(4) any other matter pertaining to the trial. Not less than
twenty days prior to the date of the pretrial conference, the
parties shall communicate and reach agreement on as many
items as possible. The parties shall be prepared to discuss
with the Court those items over which counsel disagrees.
702 Motions: In cases involving serious Daubert issues, the
parties shall contact Jeff Severson on or before
August 29, 2017 to determine whether a
hearing is necessary.
Witness Lists: The parties shall exchange witness lists on or
before December 11, 2017. The witness lists
shall contain the material listed in F.R.C.P.
26(a)(3)(A)&(B), and shall include a full summary, not
just the subject, of the witnesses' expected testimony.
Exhibit Lists, Exhibits, Proposed Voir Dire, Proposed Jury
Instructions, Trial Briefs and Motions in Limine: All exhibit
lists, proposed voir dire, proposed jury instructions, trial
briefs, and motions in limine shall be filed with the Court
on or before December 11, 2017. On the same
date the parties shall exchange all trial exhibits, but shall
not provide them to the Court until the day of trial. Counsel
shall only provide the Court with a set of original
pre-marked exhibits. Because of the use of electronic
evidence presentation systems, it is unnecessary to provide
any copies. Counsel may wish to have available in the
courtroom a copy of any exhibits which the Court may find
difficult to review through the evidence presentation system.
The exhibit lists shall follow the guidelines set out in
Local Rule 16.3(f) to the extent it is not inconsistent with
this Order. The exhibit lists shall be prepared on form
provided by the Deputy Clerk, with sufficient copies for the
Judge, the Deputy Clerk, and the Law Clerk. Exhibit numbers 1
through 999 shall be reserved for joint exhibits; exhibit
numbers 1000 through 1999 shall be reserved for
plaintiff's exhibits; exhibit numbers 2000 through 2999
shall be reserved for the first defendant listed on the
caption; exhibit numbers 3000 through 3999 shall be reserved
for the second defendant listed on the caption; and so on.
Counsel shall review their exhibits, determine any
duplication, and jointly mark and stipulate to the admission
of those exhibits that both sides intend to offer and rely
upon. The proposed jury instructions shall follow the
guidelines set out in Local Rule 51.1 to the extent it is not
inconsistent with this Order. Additionally, counsel shall
provide a clean copy of the Jury Instructions to the Court in
Word Perfect format and emailed to BLWorders@id.uscourts.gov.
Settlement/Mediation Deadline: The parties agree that they
shall notify the Court on or before November 20,
2017 that the case has either settled or will
definitely go to trial.
a. The Court will generally control voir dire, and counsel
will be limited to 20-30 minutes. Counsel are cautioned not
to repeat questions already asked by the Court or other
counsel and are advised that the Court will not permit voir
dire which appears intended to influence the jury rather than
explore appropriate concerns with a juror's ability to be
fair and impartial.
b. Counsel shall exercise good faith in attempting to reach a
stipulation on undisputed facts and admission of exhibits.
c. During trial, the jury will be in the box hearing
testimony the entire trial day between 8:30 a.m. and 2:30
p.m., except for two standard fifteen minute morning and
d. During the time the jury is in the jury box, no argument,
beyond one-sentence evidentiary objections, shall be allowed
to interrupt the flow of testimony. Almost all objections
should be stated in one to three words
(“hearsay”, “asked & answered”,
“irrelevant”, etc.). If counsel have matters that
need to be resolved outside the presence of the jury, they
are to advise the Court and counsel prior to the issue
arising during trial so that it can be heard during a recess,
or before or after the jury convenes. Where the need for such
a hearing cannot be anticipated, the Court will direct the
examining counsel to avoid the objectionable subject and
continue on a different line of questioning so that the