United States District Court, D. Arizona
CASE MANAGEMENT ORDER NO. 32
David
G. Campbell United States District Judge.
The
Court held a final pretrial conference on May 4, 2018. Doc.
10993. In addition to the transcript of the hearing, this
order will capture rulings that were made.
1. All
of the jurors previously identified in Doc. 10844 will be
excused for hardship. By separate order, the Court will
identify additional jurors that will be excused for hardship.
2. The
Court heard challenges for cause and granted the challenges
with respect to eight jurors. They were identified on the
record and will be included in a separate order.
3. The
Court and the parties decided that 60 potential jurors will
be called to court on May 15, 2018.
4. The
Court will not give Plaintiff's proposed voir dire
questions regarding punitive damages. Doc. 10933.
5. On
or before May 11, 2018, the parties shall
provide the Court with a list of witnesses to be shared with
the prospective jurors before jury selection.
6. The
Court confirmed that Plaintiff has been allotted 28 hours of
trial time and Defendants have been allotted 27 hours. The
Court will hold the parties to this time. See Doc.
10922.
7. The
Court instructed the parties to resubmit their proposed
changes to the final jury instructions. These changes shall
be submitted by May 8, 2018.
8. The
Court addressed several matters from the parties'
proposed final pretrial order:
a. Plaintiff has withdrawn her claim of fraudulent
concealment.
b. The defense of failure to mitigate damages will be deemed
a part of the final pretrial order. Plaintiff may argue
during trial that the defense should not be submitted to the
jury due to lack of evidence.
c. The Court will not address the availability of punitive
damages in light of O.C.G.A. § 51-12-5.1(e)(1).
Defendants may raise that issue in the future if they seek a
ruling from the Court.
d. Defendants may file a motion to seal trial exhibits 21
days after the last trial transcript ...