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Oldcastle Precast, Inc. v. Concrete Accessories of Georgia, Inc.

United States District Court, D. Idaho

February 4, 2019

OLDCASTLE PRECAST, INC., Plaintiff,
v.
CONCRETE ACCESSORIES OF GEORGIA, INC., AREVA FEDERAL SERVICES LLC, and LIBERTY MUTUAL INSURANCE COMPANY, Defendants. AREVA FEDERAL SERVICES LLC, Counterclaimant/Crossclaimant,
v.
OLDCASTLE PRECAST, INC., CONCRETE ACCESSORIES OF GEORGIA, INC., Counterdefendants, AND LIBERTY MUTUAL INSURANCE COMPANY, Crossclaim defendant.

          TRIAL SETTING ORDER

          B. LYNN WINMILL UNITED STATES DISTRICT JUDGE.

         Following a conference with all counsel and the Court's staff on February 1, 2019, the Court enters the following Pre-Trial order:

         1. Motions in Limine: All responses to pending motions in limine shall be due no later than July 12, 2019.

         2. Exhibits: A Joint Exhibit List shall be submitted no later than July 12, 2019.

         3. Trial Schedule: Jury selection shall begin on Monday, August 12, 2019, at 1:30 p.m. The taking of evidence shall be concluded on August 23, 2019.

         4. Typical Trial Day: Trial will be conducted from 8:30 am to 2:30 pm, with two breaks (about 15 to 20 minutes each) at about 10:30 am and 12:30 pm.

         5. Number of Jurors: The Court will seat 7 jurors to try the case.

         6. Peremptory Challenges: Under 28 U.S.C. § 1870, each party is entitled to three peremptory challenges.

         7. Voir Dire Jury Panel Size: To pick a jury of 7 with 6 total peremptory challenges, the Court will originally seat 13 jurors for voir dire, with all remaining jurors to sit in the back of the courtroom to be called up if a juror is excused for cause.

         8. On-The-Clock:

a. The parties will be allotted 46 hours of total time to try this case. The 46 hours was computed by multiplying the trial days (9) by 5 hours, which is the number of hours in a typical trial day. In addition, the Court anticipates that there will be roughly an hour after a jury is selected on Monday, August 12, 2019 in which the Parties will give their opening statements.
b. The Court will keep track of the time each party uses, and provide reports to counsel at the end of each trial day.
c. The clock is running on a party conducting opening statement, direct, cross, objections that are ...

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