WildEarth Guardians v. Lamar Utilities Board et al
Filing
194
ORDER Setting Trial Dates and Deadlines. This matter has been scheduled for a five-day bench trial on the docket of Judge David M. Ebel, to occur in the Byron G. Rogers U.S. District Courthouse, Courtroom C202, 2d Floor, 1929 Stout Street, Denver, Colorado, to commence on November 4, 2013, at 8:30 a.m. A Final Trial Preparation Conference is set for October 29, 2013, at 10:00 a.m by Judge David M. Ebel on 03/07/13. (jjhsl, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 09-cv-02974-DME-BNB
WILDEARTH GUARDIANS, a New Mexico non-profit corporation,
Plaintiff,
v.
LAMAR UTILITIES BOARD d/b/A LAMAR LIGHT AND POWER, and
ARKANSAS RIVER POWER AUTHORITY,
Defendants.
ORDER SETTING TRIAL DATES AND DEADLINES
This matter is before the Court upon a review of the file. To ensure that all pre-trial
phases of the case are complete before the commencement of the jury trial,
IT IS HEREBY ORDERED:
This Order may not be modified by agreement of the parties. Upon timely application,
however, any or all parties may seek modification as may be necessary to meet a bona fide
emergency, to avoid irreparable injury or harm, or as may otherwise be necessary to do
substantial justice.
A. TRIAL AND TRIAL PREPARATION SETTINGS
This matter has been scheduled for a five-day bench trial on the docket of Judge David
M. Ebel, to occur in the Byron G. Rogers U.S. District Courthouse, Courtroom C202, 2d Floor,
1929 Stout Street, Denver, Colorado, to commence on November 4, 2013, at 8:30 a.m. A Final
Trial Preparation Conference is set for October 29, 2013, at 10:00 a.m.
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B. MOTIONS DEADLINES
The time for filing dispositive motions has passed.
C. TRIAL PREPARATION REQUIREMENTS
Upon scheduling of the Final Trial Preparation Conference, the parties shall be prepared
to submit via email (Ebel_Chambers@ca10.uscourts.gov), by 3:00 p.m. three days before the
conference, the following documents:
(1)
a witness list, containing names, addresses, and estimated length of time for testimony;
(2)
an exhibit list, with stipulations for authenticity except on those exhibits noted;
(3)
a certification that the parties have met in an effort to settle the litigation.
1. Conflicts in Scheduling. Continuances of the trial will be granted only in truly
exceptional circumstances.
2. Witness List. At the Final Trial Preparation Conference, the parties shall also submit
an original and three copies of the final Witness List (form available at www.co.uscourts.gov) to
the court and one copy to the other party, unless previously provided. Please be sure that first
and last names are spelled correctly (using capital letters only for proper names) and that any
changes in names have been noted, as one copy will be available to the court reporter to avoid
the necessity of asking for the spelling of the witness’ name.
3. Exhibit List. At conference, the parties shall also submit an original plus three copies
of the final Exhibit List (form available at www.co.uscourts.gov) to the Court and one copy to
the other party, unless previously provided.
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If exhibits are to be presented by CD, they shall be labeled thereon. If they are to be
presented in hard copy, labels should be affixed prior to trial. Exhibit Labels shall be used by
both parties, and may be obtained from the Clerk’s Office in Room A105 of the Alfred A. Arraj
Courthouse. The Plaintiff’s exhibits should be marked with the yellow labels and designated as
P-1, P-2, P-3 . . . . The Defendants’ exhibits shall be marked with the blue labels and designated
as D-1, D-2, D-3 . . . . The civil action number shall also be placed on each of the exhibit
stickers. All paper exhibits shall be bound, such as in three-ring notebooks or folders (pages
should be easily moveable and in no event should the notebook be bigger than a 3-inch
notebook), and the notebook or folder labeled with the following information: (i) caption, (ii)
scheduled date and time, (iii) party’s name and designation and (iv) “original” or “copy,” and
delivered to the courtroom deputy clerk on the first day of trial. Demonstrative exhibits,
documents used to refresh memory, and written Stipulations of Fact shall also be marked as
exhibits.
4. Terminology. At the Final Trial Preparation Conference, parties shall also submit an
original and three copies of a glossary of any unusual or technical terminology. The glossary
should also include names of persons who will be mentioned during the course of trial but are
not parties to the litigation. Capitalize proper names only.
5. Video and Special Equipment. If you intend to use electronic equipment, advise the
courtroom deputy clerk no later than two weeks before trial.
6. Trial Briefs. The Court previously ordered that the parties simultaneously file trial
briefs, not to exceed twenty pages, no later than thirty days prior to the trial date---October 4,
2013. The parties may file responsive briefs, not to exceed ten pages, no later than fifteen days
after any trial briefs are filed.
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7. Issues to be addressed at the Final Trial Preparation Conference. The parties
shall be prepared to address the following issues:
1) sequestration of witnesses;
2) presentation of exhibits to the court;
3) timing of presentation of witnesses and evidence;
4) anticipated evidentiary;
5) any stipulations as to fact or law; and
6) any other issue affecting the duration or course of the trial.
DATED:
March 7th
, 2013.
BY THE COURT:
s/ David M. Ebel
David M. Ebel
United States Circuit Judge
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