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McBrayer v. Ethicon, Inc.

United States District Court, W.D. North Carolina, Charlotte Division

April 10, 2017

TIMOTHY MCBRAYER and DEE MCBRAYER, Plaintiffs,
v.
ETHICON, INC. and JOHNSON & JOHNSON, Defendants.

          PRETRIAL ORDER

          Robert J. Conrad, Jr. United States District Judge

         IN ACCORDANCE WITH the Local Rules of the Western District of North Carolina and pursuant to Rule 16 of the Federal Rules of Civil Procedure, the undersigned enters the following Pretrial Order.

         A. TRIAL DATE. A jury trial is scheduled for July 10, 2017. The parties estimate that the total time needed for trial will be approximately 6-9 days.

         B. TRIAL SUBPOENAS: Counsel must subpoena all witnesses at least ten (10) days before the trial date. The Court may elect not to enforce subpoenas that have not been issued in compliance with this deadline or, if requested, may quash subpoenas that have not been issued in compliance with this deadline.

         C. COUNSEL'S DUTIES PRIOR TO TRIAL: At least three full weeks before the trial date, counsel for all parties shall:

(a) Discuss the possibility of a settlement;
(b) Exchange copies of exhibits or permit inspection if copying is impractical;
(c) Number and become acquainted with all exhibits; and
(d) Agree upon the issues, reduce them to writing, and file them with the Court. If counsel cannot agree upon the issues, each party is directed to write his/her own version and file it with the Court.
(e) Agree upon stipulations of fact and file them with the Court. The parties are encouraged to stipulate to as many facts as possible to facilitate the trial of the case.

         D. COUNSEL'S FILINGS THREE WEEKS BEFORE TRIAL: At least three full weeks before the trial date, counsel for each party shall file with the Clerk of Court each of the following:

(a) A trial brief addressing all questions of law and any anticipated evidentiary issues;
(b) In all non-jury cases, proposed Findings of Fact and ...

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