United States District Court, W.D. North Carolina, Asheville Division
UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF MMHB & ASSOCIATES, Plaintiff,
LANIER CONTRACTING SERVICES, INC., TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants.
SUPPLEMENTAL PRETRIAL ORDER AND CASE MANAGEMENT
Reidinger, United States District Judge.
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 Supplemental Pretrial Order and Case Management
Plan in this matter.
Pretrial Order and Case Management Plan previously entered in
this matter sets forth certain requirements for the parties
to follow in preparing for and trying a civil case before
this Court. These requirements are not a mere formality but
rather are essential to the efficient administration of the
trial. To ensure such efficient administration, the Court
hereby supplements these requirements so as to better
elucidate the parties' responsibilities and the
Court's expectations. A party's failure to comply
with the requirements set forth in the Pretrial Order and
Case Management Plan, as supplemented herein, may subject
such party to an administrative fine for interfering with the
efficient administration of the trial.
DEPOSITIONS TO BE USED AT TRIAL
Page/line designations for any depositions to be used at
trial, whether discovery or de bene esse
depositions, shall be filed no later than fourteen (14) days
before the final pretrial conference. Objections and
counter-designations shall be filed no later than seven (7)
days before the final pretrial conference, and objections to
any such counter-designations shall be filed no later than
two (2) business days before the final pretrial conference.
Failure to meet these deadlines may result in summary
exclusion of the designated testimony or the summary denial
of the objections.
the parties are unable to resolve all of the objections to
the designated deposition testimony, such objections that
remain will be resolved at the final pretrial conference.
Thus, a copy of the transcript excerpts necessary for the
Court to understand such designations and objections must be
filed with the Court no later than two (2) business days
before the final pretrial conference.
counsel intends to use deposition or trial testimony given in
another case, such designation must be accompanied by a
statement as to how counsel contends such testimony is
admissible in the present action.
While the parties may present deposition or trial testimony
by reading such testimony into the record, the use of video
recording is strongly encouraged.
testimony is presented by video, the video must be edited so
as to exclude any testimony for which an objection has been
sustained and so that the video can be played for the jury
without any interruptions.
Before the trial begins, counsel shall provide the Court with
an estimate of the length of any deposition or trial
testimony to be proffered (e.g., for a video
deposition, counsel shall provide the playtime length of the
edited video; for a deposition that will be read, counsel
shall provide an estimate of the length of time to read the
edited transcript into the record).
EXHIBIT LISTS AND EXHIBIT NOTEBOOKS
Final exhibit lists must be submitted before the trial
begins. Exhibit lists must follow the format set forth in the
Pretrial Order and Case Management Plan.
Exhibit lists must list each exhibit counsel
reasonably anticipates using at trial, whether offered as
substantive or illustrative evidence, or whether it is to be
used on direct or ...