Notice to Counsel Setting Jury Trial with JERS; Uniform Pretrial Order Notice; Final Affidavit of Settlement Efforts Instructions

=== Notice to Counsel Setting Jury Trial with JERS ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA PLAINTIFF, ET AL. VERSUS DEFENDANT, ET AL. CIVIL ACTION 23-000-SDD NOTICE TO COUNSEL Trial (jury) in this matter is hereby assigned for ___________________, in Courtroom 3 before Chief District Judge Shelly D. Dick. Pretrial Conference is set for- _________________ in Chambers. Requested Voir Dire, proposed Jury Charges and Motions in Limine shall be filed fourteen (14) days prior to trial. Each party shall provide a Witness List to the Court on the morning of trial. These should NOT be filed in the record. Electronic evidence files shall be provided, by each party, using the Court’s Electronic Evidence Online submission tool through CM/ECF, to the Courtroom Deputy seven (7) days prior to trial. These files will be utilized BY THE COURT ONLY for use with the Court’s Judicial Evidence Recording System (JERS) and will not be provided to an opposing party. JERS Information https://www.lamd.uscourts.gov/JERS. To further the orderly process of the trial of this matter, opening statements of counsel are hereby limited to a MAXIMUM of thirty (30) minutes as to each side and Closing arguments are hereby limited to a MAXIMUM of one (1) hour as to each side. At the conclusion of trial, the parties shall retain custody of the physical/paper exhibits and be responsible to the Court for preserving them in their condition as of the time admitted until any appeal is resolved or the time for appeal has expired. The party retaining custody shall make such exhibits available to opposing counsel for use in preparation of an appeal and be responsible for their safe transmission to the appellate court, if required. Parties are directed to consult the Middle District’s Administrative Procedures which contain additional mandatory filing rules and procedures, as well as information on the custody of physical exhibits after trial. The Administrative Procedures are available for viewing and download on the court’s website. https://www.lamd.uscourts.gov/administrative-procedures Counsel is reminded that: The Federal Rules of Procedure restrict the publication of certain personal data in documents filed with the court. The rules require limiting Social Security, taxpayer identification, and financial account numbers to the last four digits, using only initials for the names of minor children, and limiting dates of birth to the year. [For criminal cases, also limit home addresses to city and state.] However, if such information is elicited during testimony or other court proceedings, it will become available to the public when the official transcript is filed unless, and until, it is redacted. Counsel is instructed to avoid introducing personal identifying information into the record when questioning witnesses or making other statements or arguments in court. Baton Rouge, Louisiana the ________ day of _______________, 20__. SHELLY D. DICK, CHIEF DISTRICT JUDGE MIDDLE DISTRICT OF LOUISIANA By: Suzie Edwards Courtroom Deputy JURY EVIDENCE RECORDING SYSTEM (JERS) Considering that this matter is set for trial or a proceeding where evidence may be presented, counsel is advised that the Court has implemented the use of a Judicial Evidence Recording System (JERS). Electronic evidence files (an Electronic Bench Book) shall be provided, by each party, using the Court’s Electronic Evidence Online submission tool through CM/ECF, to the courtroom deputy seven (7) days prior to trial or other proceeding where evidence may be presented. These files will be utilized BY THE COURT ONLY and will not be provided to an opposing party. The electronic evidence files should be provided using the specific format outlined under the courtroom technology tab on the court’s website. Any evidence admitted during the course of the trial or other proceeding, that was not previously submitted to the court electronically, will need to be provided to the courtroom deputy either during a recess or prior to the continuation of the trial or other proceeding the following day, in the same format previously described. Any substitutions of any evidence previously provided electronically shall be provided to the courtroom deputy during a recess or prior to the continuation of the trial or other proceeding the following day, in the same format previously described. JERS is NOT used by counsel during trial or other proceedings to present evidence. Exhibits shall be presented to the jury or the Court by a laptop connect or by conventionally presenting exhibits using the electronic document camera. It is the responsibility of counsel that exhibits used during trial or other proceedings coincide in exhibit number and image as the exhibits electronically submitted to the court and to substitute any documents that have been altered. At the conclusion of a trial or other proceedings, the parties shall retain custody of the physical exhibits and be responsible to the Court for preserving them in their condition as of the time admitted until any appeal is resolved or the time for appeal has expired. Additionally, the party retaining custody shall make such exhibits available to opposing counsel for use in preparation of an appeal and be responsible for their safe transmission to the appellate court, if required. Conventional Bench Books no longer need to be provided to the Court prior to trial. Additional information regarding the evidence presentation equipment and JERS can be found under the courtroom technology tab the court’s website.

=== Uniform Pretrial Order Notice ===

UNIFORM PRETRIAL NOTICE FOR DISTRICT JUDGE SHELLY D. DICK I. PRETRIAL ORDER REQUIREMENTS Counsel for the Plaintiff(s), with the cooperation and assistance of all other counsel and any unrepresented parties, shall prepare a written Pretrial Order in this case to be signed by all counsel of record and then submitted to the Court fourteen (14) days prior to the final pretrial conference. In the event that there is any disagreement with the content of the Pretrial Order or any part thereof, the objecting counsel or party shall attach an Opposition to the Pretrial Order prior to its submission to the Court. An example of a completed Pretrial Order, approved as to form for use in this Court, is attached to this Notice. The Pretrial Order shall contain the following information: 1. 2. 3. 4. 5. 6. 7. The specific statute(s) or other authority upon which federal subject matter JURISDICTION is founded and any jurisdictional questions raised by any party. A list of all pending MOTIONS, if any, and specific issues raised in those pending motions. A brief statement of the PLAINTIFF’S CLAIMS. A brief statement of the DEFENDANT’S CLAIMS. A brief statement of the CLAIMS OF OTHER PARTIES, if any. FACTS ESTABLISHED by pleadings or by stipulation of counsel. (a) A list of all EXHIBITS (except documents for impeachment only) to be offered in evidence by all parties. (b) As to each listed exhibit, a representation that: i. There are, or are not, objections to the AUTHENTICITY of the exhibit and the reasons therefore; and 1 ii. Objections, if any, to the ADMISSIBILITY of exhibits. 8. (a) List all WITNESSES for each party, including their names, addresses, and a brief statement as to the nature of their expected testimony together with a representation whether they WILL be called to testify or MAY be called to testify. (b) WILL CALL witnesses shall be produced or subpoenaed by the party listing them and made available during the trial in order that such witnesses may be available to opposing counsel as witnesses even if not actually called upon to testify by the party so listing them. This is intended to eliminate the necessity of opposing counsel having to subpoena the same witnesses who are being voluntarily produced or subpoenaed by the party listing them as "will call" witnesses. (c) MAY CALL witnesses shall be listed on the Pretrial Order, but there is no obligation to have may-call witnesses subpoenaed and present for the trial. (d) The parties shall designate which of the witnesses, if any, will testify by WRITTEN OR VIDEOTAPE DEPOSITIONS. Where written or video depositions are to be used, the parties shall designate for all other parties those portions of the deposition which are to be read or shown to the jury not later than twenty-eight (28) days prior to trial. Motions in limine regarding any deposition objections shall be filed twenty-one (21) days prior to trial. Only those portions of the deposition which are necessary to a party’s case shall be read or played to the jury. Where a video deposition is used, the parties shall file into evidence a written transcript of the deposition. Video-tape depositions to be used during trial must be edited to a MAXIMUM OF THIRTY (30) MINUTES. Depositions to be introduced or read at trial must be excerpted to a MAXIMUM OF THIRTY (30) PAGES. A reader must be provided by the party who intends to have a transcript read during trial. 9. State any proposed AMENDMENTS to the pleadings and what objections, if any, there may be to any proposed amendments. 10. State any ADDITIONAL MATTERS which may aid in the disposition of the case, including, e.g., settlement possibilities, whether the parties wish to engage in a summary jury trial, arbitration, mediation and/or trial before the United States Magistrate Judge, and an estimate of the probable length of the trial. 2 11. State whether this matter is a jury or a non-jury trial. 12. Estimate the length of time each side requires for the presentation of their evidence. 13. Except for good cause shown, only exhibits and witnesses listed in the Pretrial Order, or permitted to be listed in an amendment to the Pretrial Order, shall be admitted in evidence or allowed to testify. II. ADDITIONAL INSTRUCTIONS 1. JOINT JURY INSTRUCTIONS/INTERROGATORIES. The parties in a jury case shall file with the Clerk of Court joint jury instructions twenty-one (21) days prior to trial. The term "joint jury instructions" shall be construed to include a joint verdict or interrogatory form. NO SEPARATE FILINGS are allowed as to the joint jury instructions and interrogatories - all submissions must be joint with disagreements footnoted with case authority and pinpoint cite. All pattern instructions taken from the latest Edition of the 5th Circuit Pattern Instructions may be referenced by number and edition used. 2. Please be advised that courtroom 3 is a fully equipped electronic courtroom. Exhibits shall be presented to the jury by a laptop connect or by conventionally presenting exhibits using the electronic document camera. Counsel shall contact Judge Dick's Courtroom Deputy, Suzie Edwards at (225) 389-3634, so that training in the use of this equipment can be scheduled and completed prior to trial. 3. The parties are required to have a party or party representative at trial with full authority to compromise. the case. 3 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA PLAINTIFF, ET AL. VERSUS DEFENDANT, ET AL. CIVIL ACTION NO. 13-000-SDD UNIFORM PRETRIAL ORDER Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Pretrial Conference was conducted in this proceeding by Shelly D. Dick, United States District Judge, on the day of , 2013. PRESENT: Appeared as Trial Counsel for Plaintiff(s): Appeared as Trial Counsel for Defendant(s): 1. JURISDICTION This Court has subject matter jurisdiction in this proceeding under the provisions of 28 USC §1332. The Plaintiff is a citizen of the State of Louisiana and the Defendant is a citizen of the State of Illinois and the amount in controversy exceeds, exclusive of interest and costs, the necessary jurisdictional amount. 2. MOTIONS 4 There are no pending motions. The Defendant will file a Motion in Limine to exclude certain photographs from evidence at trial on the basis that they are unnecessarily gruesome and unlikely to assist the jury in resolving any disputed issues of fact. 3. PLAINTIFF’S CLAIMS The Plaintiff claims that he was seriously injured in an automobile accident in Baton Rouge, Louisiana, on October 19, 1996, and that the accident was caused by the negligence and fault of the Defendant driver who ran into the rear of the Plaintiff’s automobile after he had stopped for a red light. The Plaintiff also contends that his injuries in the accident required a long period of hospitalization and made it impossible for him to return to his regular employment as a truck driver for six months, all of which resulted in significant loss of income and out-of-pocket medical and hospital expenses. 4. DEFENDANT’S CLAIMS The Defendant denies that he was negligent or otherwise at fault for the occurrence of the accident for which the Plaintiff has filed suit, and also claims that the Plaintiff had serious health problems for many years prior to the accident and that these problems were not caused or aggravated by any injuries he sustained in the accident. 5. CLAIMS OF OTHER PARTIES None. 6. ESTABLISHED FACTS (1) The Plaintiff and Defendant were involved in an automobile accident in Baton Rouge, Louisiana, on October 19, 1996. 5 (2) (3) The Plaintiff was hospitalized in the Baton Rouge General Hospital from October 19, 1996 to November 30, 1996. The Plaintiff incurred medical and hospital expenses of $63,480 from October 19, 1996 to March 30, 1997. 7. EXHIBITS (a) Plaintiff’s Exhibits: EXHIBIT NO. DESCRIPTION Grounds for Objection to Authenticity Exhibit 1 Exhibit 2 Photograph of Defendant at scene following accident Photograph of accident scene Objection to Stipulated Grounds for Objection to Admissibility Objection to relevance Objection to relevance authenticity: no evidence of date, time and identity of photographer Exhibit 3 Exhibit 4 Exhibit 5 Automobile Insurance Policy Stipulated Stipulated Medical Records of Plaintiff from Baton Rouge General Medical Records of Plaintiff from Acadian Ambulance Stipulated Stipulated Stipulated Stipulated (b) Defendant’s Exhibits: EXHIBIT NO. DESCRIPTION Grounds for Objection to Authenticity Exhibit 1 Exhibit 2 Exhibit 3 Photograph of damage Defendant’s vehicle Photograph of accident scene Objection to Stipulated to authenticity: does not accurately depict the scene of accident Stipulated Stipulated Medical Defendant Ambulance of Records from Acadian 6 Grounds for Objection to Admissibility Stipulated Objection to relevance 8. WITNESSES (a) Plaintiff’s Will-Call Witnesses: (1) Paul Plaintiff 125 Mulberry Street Baton Rouge, Louisiana Plaintiff will testify about the accident and his injuries. (2) Paulette Plaintiff 125 Mulberry Street Baton Rouge, Louisiana Plaintiff’s wife will testify about her husband’s injuries. (3) Walter Witness 128 Mulberry Street Baton Rouge, Louisiana This is an eyewitness who will testify about the accident. (4) Dr. Tom Terry 350 Medical Plaza Baton Rouge, Louisiana The Plaintiff’s treating physician will testify about his injuries. (5) Edwin Employer ABC Manufacturing 150 Industrial Boulevard Baton Rouge, Louisiana The Plaintiff’s employer will testify about his lost wages. (6) Danny Defendant 140 Elm Street Baton Rouge, Louisiana 7 The Defendant will testify about how the accident occurred under cross-examination. (b) Plaintiff’s May-Call Witnesses: (1) Virginia Smith 165 Sharp Road Baton Rouge, Louisiana 70815 Plaintiff’s neighbor may testify about Plaintiff’s activities prior to and after the accident. (c) Defendant’s Witnesses: (1) Danny Defendant 125 Mulberry Street Baton Rouge, Louisiana Defendant will testify about the accident. (2) Paul Plaintiff 125 Mulberry Street Baton Rouge, Louisiana Plaintiff will testify about the accident and his injuries under cross-examination. (3) William Witness 130 Mulberry Street Baton Rouge, Louisiana This is an eyewitness and will testify about the accident. (4) Dr. John Smith Ascension General Hospital 290 Worthy Road Gonzales, Louisiana The Plaintiff’s former treating physician will testify about his health prior to and after the accident. 8 (5) Sgt. Tom Trooper Baton Rouge Police Department Baton Rouge, Louisiana Sgt. Trooper will testify about his investigation of the accident. 9. AMENDMENTS None. 1. 2. 3. 10. ADDITIONAL MATTERS This matter is designated as a jury trial. The parties estimate the case can be tried in one day and have considered the possibility of settlement. Plaintiff's presentation of evidence will require 1 day (or you may denote hours). Defendant's presentation will require 4 hours. DATE DATE ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT 9

=== Final Affidavit of Settlement Efforts Instructions ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA INSTRUCTIONS FOR PREPARING FINAL AFFIDAVIT OF SETTLEMENT EFFORTS FOR CIVIL TRIALS BEFORE JUDGE SHELLY D. DICK On or before the deadline set in the scheduling order (as may have been extended by the magistrate judge or the district judge), counsel for each party shall file with the Clerk of Court an affidavit stating the date and time that a conference of counsel was held to attempt to settle the case. In addition, Plaintiff’s counsel shall attest that he or she made a good faith settlement offer to defense counsel, and that defense counsel’s counteroffer was conveyed to the Plaintiff. Defense counsel shall attest that Plaintiff’s settlement offer was conveyed to the Defendant, and that a good faith counteroffer was made. NO DOLLAR AMOUNTS SHOULD BE STATED IN THE AFFIDAVIT. In the event that Plaintiff makes an offer of settlement to defendant which is refused, and judgment finally obtained by Plaintiff is more favorable to Plaintiff than the offer to Defendant, then DEFENDANT MAY BE ORDERED TO PAY THE COSTS incurred by Plaintiff after the date of refusal of Plaintiff’s offer unless good cause is shown. These costs may include all expert and witness fees incurred at trial, in addition to court costs of the litigation but shall not include attorney’s fees. In the event that Defendant makes an offer of settlement to Plaintiff or responds to an offer by Plaintiff which offer or response is refused and judgment, finally obtained by Plaintiff, is less favorable to Plaintiff than the offer of Defendant, PLAINTIFF MAY BE ORDERED TO PAY THE COSTS incurred by Defendant after the date of refusal of Defendant’s offer unless good cause is shown. These costs may include all expert and witness fees incurred at trial, in addition to the court costs of the litigation bus shall not include attorney’s fees. If a case to be tried to a jury settles within three (3) business days prior to the trial date, or thereafter, the costs of the jury venire WILL be taxed as costs and assessed as appropriate under the circumstances. Immediate notification to the Clerk and to the Court may avoid this expense.