The opinion of the court was delivered by: : Judge Algenon L. Marbley
AND REFERRING CASE TO MEDIATION This case is set for trial on Monday, January 30, 2012 at 9:00 a.m. In preparation for trial the Court has set the following schedule to which the parties are to adhere. The Court has included a statement of pretrial and trial procedures which the parties are to follow.
December 26, 2011 Deadline for conducting a mediation of the case.
January 9, 2012 Motions in limine, pretrial motions, and joint jury instructions and supplemental jury instructions, designation of deposition portions, witness statements, stipulations, and exhibit lists.
January 16, 2012 Memoranda contra pretrial motions or motions in limine, objections to supplemental jury instructions, objections to deposition designations, and final pretrial order.
January 23, 2012 Final pretrial conference, submission of proposed areas of questions for voir dire and trial briefs.
January 30, 2012 Trial - voir dire, opening statements and presentation of evidence.
This matter is set for a final pretrial conference on Monday, January 23 , 2012 at 2:00 p.m. Trial shall begin on Monday, January 30, 2012 at 9:00 a.m. The Court will follow a four day week trial schedule, conducting the trial of this case from Monday through Thursday of each week until completion of the trial, and reserving Fridays for other matters.
The Court will not continue the trial date except upon written motion supported by an affidavit demonstrating exceptional circumstances, made immediately upon the party's or counsel's receipt of notice of the existence of the exceptional circumstances.
The Court uses a trailing docket, setting three to five civil cases to begin on the same day. Cases are tried in the order they were filed. If a case set for the same day goes to trial, then the parties and counsel in the next case shall remain prepared to go to trial on a standby basis for a period of two weeks unless the Court orders otherwise.
Under the Speedy Trial Act, 18 U.S.C. § 3161-3174, and Fed. R. Crim. P. 50(a), the Court will give preference to any criminal matters it has set to take place the same time as the trial in this case. Fed. R. Civ. P. 40.
Counsel may call the Courtroom Deputy, Betty Clark, to obtain information about whether other cases will go to trial before this case.
This case is referred to the Court Mediator, Robert Kaiser, under Fed. R. Civ. P. 16(a)(5) and Local Rule 16.3(a)(1), for mediation prior to December 16, 2011.
Counsel and the parties shall immediately contact Mr. Kaiser at (513) 564-7330 to obtain a date and shall adhere to the following with respect to the settlement conference:
(1) The trial attorney for each party must attend the conference.
(2) The parties or principals with settlement authority shall be present. 28 U.S.C. § 473 (b)(5); Fed. R. Civ. P. 16(c). Upon written motion and for good cause shown, the parties or principals with settlement authority may satisfy the presence requirement by being available by telephone. Such motion must be made at least one (1) week in advance of the settlement conference. Failure to appear or failure to obtain the Court's permission to appear by telephone shall result in sanctions against the offending party.
(3) Lack of discovery or settlement authority will not excuse active participation in the conference.
(4) Counsel and the parties shall follow Mr. Kaiser's instructions regarding mediation statements, which will be provided along with the scheduling notice.
(5) Before the conference counsel shall discuss with their clients whether this case would be appropriate for a summary jury trial or some other form of alternative dispute resolution. Fed. R. Civ. P. 16(b)(9); S.D. Ohio L.R. 53.1; see Judge Thomas D. Lambros, The Summary Jury Trial and Other Alternative Methods of Dispute Resolution, 103 F.R.D. 461 (1984). This Court has seen excellent results in summary jury trials in a wide variety of cases.
The Court encourages the parties to consider seriously this option, which has consistently resulted in significant savings over the cost of a full trial.
Any questions regarding the mediation conference should be addressed to Mr. Kaiser or to the Court's Law Clerk, Robert Haferd at (614) 719-3262.
The parties shall comply fully with all of the requirements of Fed. R. Civ. P. 26(a)(2), including the required disclosures at least ninety (90) days before the trial unless an earlier date has been set by a scheduling order issued by the Magistrate Judge.
Pursuant to Fed. R. Civ. P. 26(a)(3)(A), on January 9, 2012, the parties shall submit to the Court, and serve on opposing counsel, the names, addresses and occupations of all witnesses they intend to call at trial, with a brief summary of the witness' testimony (two to three sentences), the purpose of that testimony, and the major issue about which the witness will testify. Failure to list a witness, except upon a showing of good cause, will preclude the use of that witness at trial.
The witness lists shall comport with all of the requirements of Rule 26(a)(3)(A).
Designation of Deposition Portions
Pursuant to Fed. R. Civ. P. 23(a)(3)(B), on January 9, 2012 the parties shall submit to the Court, and serve on opposing counsel, the designations of any portions of depositions they intend to offer as evidence at trial.*fn1 Failure to make a designation, except upon a showing of good cause, will preclude the use of the undesignated portion of a deposition at trial.
The designation of deposition portions shall comport with all of the requirements of Fed. R. Civ. P. 26(a)(3)(B).
Counsel will assemble and mark all exhibits and deliver them to the courtroom deputy prior to the commencement of trial. Plaintiff's exhibits will bear the letter prefix P followed by Arabic numerals and Defendant's exhibits will bear the prefix D followed by Arabic numerals.
Pursuant to Fed. R. Civ. P. 26(a)(3)(C), on January 9, 2012, each party shall exchange and file a list containing a brief description of each item of documentary or physical proof the party intends to offer in evidence as an exhibit at trial.
Counsel should keep a list of all exhibits and should supply the Court, courtroom deputy and opposing ...